¶1Bankruptcy <&wkey;440 — Order Bequiring Bankrupt to Turn Oves Property —Mode op Beview.
¶2An order of court in bankruptcy requiring a bankrupt to turn over property to his trustee, entered on exceptions to a special master to take testimony and report under order requiring the bankrupt to show cause why he should not be compelled to turn over a specified sum to his trustee, is reviewable only by petition to revise, under Bankr. Act July 1, 1898, c. 541, § 24b, 30 Stat. 553 (Comp. St. 1913, § 9608), and is not appealable under sections 24a, 25a (section 9609).
¶3[Ed. Note. — For other cases, see Bankruptcy, Cent. Dig. § 915; Dec. Dig. <&wkey;440.
¶4Appeal and review in bankruptcy cases, see note to In re Eggert, 43 C. C. A. 9J
¶5Appeal from the District Court of the United States for the Southern District of New York.
¶6Samuel Dickstein, of New York City, for plaintiff in error.
¶7Stern, Barr & Tyler, of New York City (Henry C. Moses, of New York City, of counsel), for appellee.
¶8Before UACOMBE, COXE, and WARD, Circuit Judges.
¶10December 14, 1913, Sussman Shidlovsky, a manufacturer of dresses, carrying on business under the name of S. Shidlovsky &. Co., having collected accounts to the amount of $2,262.24, disappeared, and did not return to the city for about a month.
¶11December 15th an involuntary petition in bankruptcy was filed against him and a receiver appointed.
¶12*451February 6, 1914, the receiver obtained an order requiring Shidlov-sky to show cause why he should not be compelled to turn over $1,-773.59 to him.
¶13February 9, 1914, the matter was referred to a special master to take testimony and report.
¶14October 8th the special master reported that the bankrupt had col-, lected ,$2,262.24 and had not accounted for the disposition of such moneys in the sum of $810, and that he should be ordered to turn that amount over as moneys in his possession to the trustee.
¶15November 13th Judge Learned Hand, upon exceptions filed by thq trustee to die report, entered an order requiring the bankrupt to pay over $1,470 to the trustee.
¶16November 21st the bankrupt took this appeal.
¶17We think this was a step in the bankruptcy proceedings from which no appeal lies under section 24a, and as the claim does not fall within any one of the three categories in which appeals in bankruptcy proceedings are permitted by section 25a,- the only remedy was by petition to revise, under section'24b. In re Mertens, 142 Fed. 445, 73 C. C. A. 561; Kirsner v. Taliaferro, 202 Fed. 51, 120 C. C. A. 305.
¶18Appeal dismissed.