Nash v. Brittan

First Circuit

Nash v. Brittan

241 F. 868, 154 C.C.A. 570, 1917 U.S. App. LEXIS 1834

CourtCourt of Appeals for the First Circuit

DecidedApril 23, 1917

DocketNo. 1255

StatusPublished

This text of 241 F. 868 (Nash v. Brittan) is published on Counsel Stack Legal Research, covering Court of Appeals for the First Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Nash v. Brittan, 241 F. 868, 154 C.C.A. 570, 1917 U.S. App. LEXIS 1834 (1st Cir. 1917).

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Opinion

PER CURIAM.

Whether or not the claim proved by Mrs. Brit-tan’s executor against this bankrupt estate is entitled to allowance de[869]*869pends upon questions of fact, regarding which the evidence was conflicting. The referee, before whom the witnesses testified in person, determined these questions in the creditor’s favor, and his conclusions have been affirmed by the District Court on petition for review, in an opinion wherein the evidence has been carefully considered. Upon our examination of the evidence in the record we find nothing which would warrant us in saying that the conclusions reached by the District Court as to the facts are plainly erroneous. We are unable to say that there was no evidence sufficient in law to sustain the burden of proof resting on the creditor to show a valid transfer to Mrs. Brittan of the note for which the note here in question was substituted, or to show a valid consideration for the latter note.

The order of the District Court is affirmed, with interest, and the appellee recovers the costs ,of appeal.

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PER CURIAM.

Whether or not the claim proved by Mrs. Brit-tan’s executor against this bankrupt estate is entitled to allowance de[869]*869pends upon questions of fact, regarding which the evidence was conflicting. The referee, before whom the witnesses testified in person, determined these questions in the creditor’s favor, and his conclusions have been affirmed by the District Court on petition for review, in an opinion wherein the evidence has been carefully considered. Upon our examination of the evidence in the record we find nothing which would warrant us in saying that the conclusions reached by the District Court as to the facts are plainly erroneous. We are unable to say that there was no evidence sufficient in law to sustain the burden of proof resting on the creditor to show a valid transfer to Mrs. Brittan of the note for which the note here in question was substituted, or to show a valid consideration for the latter note.

The order of the District Court is affirmed, with interest, and the appellee recovers the costs ,of appeal.

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Bluebook (online)

241 F. 868, 154 C.C.A. 570, 1917 U.S. App. LEXIS 1834, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nash-v-brittan-ca1-1917.