George Benz & Sons v. Lovett (In re Schwen's, Inc.)
Opinion of the Court
This is an adversary proceeding under the Bankruptcy Act of 1898, as amended. The plaintiff, George Benz & Sons, is a secured creditor of the bankrupt, Sehwen’s, Inc., a maker of ice cream in Blue Earth, Minnesota. The plaintiff held a mortgage on the real estate used by Schwen’s in its business. Plaintiff claims that James H. Levy, formerly trustee of the bankrupt estate, unlawfully sold some equipment that had been attached to Schwen’s building as fixtures and had thus become subject to Benz’s lien. Plaintiff seeks damages for this alleged conversion.
The Bankruptcy Court
We are not persuaded that the District Court committed any error of fact or law, and accordingly the judgment is
Affirmed.
. The Hon. John J. Connelly, United States Bankruptcy Judge for the District of Minnesota. (Bkrtcy.) 19 B.R. 681.
. The Hon. Harry H. MacLaughlin, United States District Judge for the District of Minnesota. (D.C.) 20 B.R. 638.
.The case for appellee is, if anything, made stronger by the fact that the appellate court of first instance, here the District Court, has affirmed the findings made by the trier of fact. Cf., e.g., Graver Mfg. Co. v. Linde Co., 336 U.S. 271, 69 S.Ct. 535, 93 L.Ed. 672 (1949) (Supreme Court will seldom review a finding of fact made by a district court and affirmed by a court of appeals).
Reference
- Full Case Name
- In re SCHWEN'S, INC., Bankrupt GEORGE BENZ & SONS, d/b/a Oak Grove Dairy v. Thomas G. LOVETT, Jr., Trustee of the Bankrupt Estate of Schwen's, Inc. American Insurance Company and James H. Levy, Former Trustee
- Cited By
- 1 case
- Status
- Published