The Federal Reporter with Key-Number Annotations, Volume 250: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, August-October, 1918. Page: 75
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FBEDERICK V. SILVERMAN
even keel without sweeping the coal from the starboard bunker and
without changing her position with reference to the pier. But the
fact is, she did not fill gradually from below, but, having listed, she
filled rapidly from above, and sank six or eight feet away from her
The trial judge found that the vessel sank by reason of a pier fender
catching the vessel, listing her, and holding her down against a rising
tide. This conclusion is fairly inferable from the facts. But, what-
ever may have been the cause of the vessel sinking, we are satisfied
from the evidence that it was not unseaworthiness due to the leaky
condition of her rudder port. As the libel charges unseaworthiness as
the cause of the sinking, and as we have found that the charge has not
been sustained by the evidence, we affirm the decree of the trial court
dismissing the libel.
FREDERICK v. SILVERMAN.
(Circuit Court of Appeals, Third Circuit. April 2, 1918.)
1. BANKRUPTCY e==136(2)-TURNOVER PROCEEDINGS-C-ONTEMPT PROCEEDINGS
In a turnover proceeding the issue is whether the bankrupt had prop-
erty within his possession or control at the date of the bankruptcy,
which he retained and concealed from his trustee; but in contempt pro-
ceedings for failure to comply with an order directing the bankrupt to
turn over property to the trustee, the only question is whether the
bankrupt is personally able to comply with the order previously made.
2. BANKRUPTCY *44--PETITION TO REVISE.
Where disputed questions of fact were involved on the turnover pro-
ceeding, an order modifying the referee's order cannot be reviewed on
petition for revision in matters of law, under Bankruptcy Act July 1,
1898, c. 541, I 24b, 30 Stat. 553 (Comp. St. 1916, I 9608).
Petition for Revision of Proceedings of the District Court of the
United States for the Western District of Pennsylvania; W. H.
Seward Thomson, Judge.
In the matter of the bankruptcy of Benjamin Silverman. Petition
by Elliott Frederick, trustee, to revise orders modifying and reversing
parts of two orders of the referee directing the bankrupt to turn over
certain property which he had concealed from his trustee, an4dfinding
him guilty of contempt for failure to comply. Petition to revise dis-
Weil & Thorp, of Pittsburgh, Pa. (S. Leo Roslander and George K.
Warn, both of Pittsburgh, Pa., of counsel), for petitioner.
Simon Sher, of Pittsburgh, Pa., for respondent.
Before BUFFINGTON, McPHERSON. and WOOLLEY, Circuit
WOOLLEY, Circuit Judge. This case when argued presented many
difficulties, due, we now find, to confusion in the proceedings below
and to misapprehension of what may be reviewed on petition to su-
4cFor other cause see same topic & KEY-NUMBER In all Key-Numbered Digests & Indexes
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The Federal Reporter with Key-Number Annotations, Volume 250: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, August-October, 1918., legislative document, 1918; Saint Paul, Minnesota. (digital.library.unt.edu/ark:/67531/metadc38821/m1/90/: accessed September 21, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.