Citations
- 96 F. Supp. 390
Full opinion text
RILEY, District Judge:
This matter is before the- court on petitions for review of decisions- by Henry A.. Bundschu, Referee in Bankruptcy, in respect of five reclamation petitions filed' by Armour & Company, Swift & Company, Frigid Food Products, Inc., Lambert J. Greteman, d/b/a Greteman Produce Company, and Lauridsen Creamery, seeking to reclaim from the Trustee herein certain described property or the proceeds >of its sale.
The property consisted of cases of shell eggs, cases of frozen eggs and empty cases, delivered by petitioners to the bankrupt from November 18 to 25, 1949, both inclusive.
The bankrupt made a voluntary assignment for the benefit of creditors pursuant to Chapter 681, Code of Iowa 1946, I.C.A. filed on Nov. 28, 1949, at 3:35 P. M. An involuntary petition in bankruptcy was filed in this court on Dec. 29, 1949. An adjudication of bankruptcy was entered on Feb. 4, 1950, and on Feb. 17, 1950, Elmer W. Scott was appointed and qualified as Trustee.
The reclamation petitions were filed in the order and for the property as follows:
3-1-50 Frigid Food Products, Inc.
120 — 30 lb. cans of whole eggs......... $1206.00
3-14-50 Armour & Co.
78 cases of eggs sold Nov. 25, 1949..... 851.25
3- 27-50 Swift & Co.
27 cases of eggs sold Nov. 22, 1949.... 299.70
21 " " " " “ " " 233.10
19 “ “ “ “ " “ “ 208.05
4- 25-50 Lauridsen ■Creamery—
250 oases ungraded Nov. 23, 1949....... 2962.50
250 “ “ « M 2962.50
250 empty cases 41 44 44 62.50
249 ungraded 44 25, 44 2950.65
4-25-50 Greteman Produce Co.—
126 cases ungraded Nov. 18, 1949...... 1398.60
49 “ A large eggs Nov. 18, 1949.. 764.40
120 A “ “ “ 22 “ 1872.00
60 “ ungraded “ “ ** “ 666.00
The bankrupt had paid for the property ■claimed by issuing checks of even date with the sales, all of which went unpaid because of insufficient funds. The trustee found fihat ;all checks were issued with knowledge that they would not he paid when presented in the ordinary course of business .and that the transactions were fraudulent. This finding has support in the evidence -and is approved.
None 'otf the petitioners served notice