Kagan v. Industrial Washing Machine Corporation. Du Grenier Inc‪.‬

These are consolidated appeals by a trustee in bankruptcy from two orders of the United States District Court for the District of Massachusetts. One appeal is from an order of the court below reversing an order of a referee in bankruptcy disallowing an amended petition for reclamation of a certain described washing, rinsing and bonderizing machine, and instead directing the trustee in bankruptcy to turn over to the petitioner-appellee the balance of the agreed purchase price ($2,370.95) due from the bankrupt on the machine, it having been sold with other assets by the trustee by leave of court free and clear of liens. The other appeal is from a subsequent order of the court below amending its above order by the addition thereto of directions to the trustee to pay interest on the above balance at the rate of 6% per annum from April 11, 1947, the date of the bankrupts default, "to the extent at least that the actual proceeds of the sale of the said apparatus in the hands of the trustee are sufficient to satisfy such a payment." There is no dispute over the facts, all of which appear in exhibits and a stipulation of counsel.