In re Cooper

D. Massachusetts

In re Cooper

243 F. 797, 1917 U.S. Dist. LEXIS 1188

CourtDistrict Court, D. Massachusetts

DecidedFebruary 28, 1917

DocketNo. 23714

StatusPublished

Cited by1 cases

This text of 243 F. 797 (In re Cooper) is published on Counsel Stack Legal Research, covering District Court, D. Massachusetts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Cooper, 243 F. 797, 1917 U.S. Dist. LEXIS 1188 (D. Mass. 1917).

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Opinion

MORTON, District Judge.

The common-law assignee sold all the chattel property and reduced the entire estate to money. An adequate appraisal of the property which originally came into his hands seems to have been desirable, both for his protection and for the information of the trustee, if bankruptcy proceedings should be instituted. The charge for it appears reasonable, and there is no suggestion that the amount is excessive, or that the work was not well done. It seems to me that in this case an appraisal was reasonably necessary, in connection with the proper preservation and care of the property received by the assignee, and that the assignee, if he had paid the expense of it, should have been allowed therefor in his account with the trustee. If so, under Randolph v. Scruggs, 190 U. S. 533, 539, 23 Sup. Ct. 710, 47 L. Ed. 1165, the claim is entitled to be preferred, although presented by the appraiser directly against the bankrupt estate.

The order of the referee is reversed, and the claim is allowed.

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MORTON, District Judge.

The common-law assignee sold all the chattel property and reduced the entire estate to money. An adequate appraisal of the property which originally came into his hands seems to have been desirable, both for his protection and for the information of the trustee, if bankruptcy proceedings should be instituted. The charge for it appears reasonable, and there is no suggestion that the amount is excessive, or that the work was not well done. It seems to me that in this case an appraisal was reasonably necessary, in connection with the proper preservation and care of the property received by the assignee, and that the assignee, if he had paid the expense of it, should have been allowed therefor in his account with the trustee. If so, under Randolph v. Scruggs, 190 U. S. 533, 539, 23 Sup. Ct. 710, 47 L. Ed. 1165, the claim is entitled to be preferred, although presented by the appraiser directly against the bankrupt estate.

The order of the referee is reversed, and the claim is allowed.

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Bluebook (online)

243 F. 797, 1917 U.S. Dist. LEXIS 1188, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-cooper-mad-1917.

Opinion

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