White

On and prior to May 19, 1947, George L. Gibbons and Morris Plan Bank of California were creditors of Al Herd. On May 19, 1947, Herd executed and delivered to Joseph G. White a promissory note for $30,000 payable to White’s order on December 19, 1947, and bearing interest at the rate of 6% per annum, and White executed and delivered to Gibbons a promissory note for $5,000 payable to Gibbons’ order on June 19, 1947, and bearing interest at the rate of 8% per annum, each note providing that, in case of suit, the maker should pay as attorney’s fees such additional sum as might be adjudged reasonable. On May 21, 1947, White executed and delivered to' Morris Plan Bank a promissory note for $25,000.

On August 6, 1947, a petition in bankruptcy was filed against Herd in the United States District Court for the Southern District of California and was referred to a. referee in bankruptcy. Thereafter, prior to December 24, 1947, Herd was adjudged a bankrupt, Francis F. Quittner was appointed trustee, Gibbons filed a claim against the bankrupt estate for $19,500 and commenced in the Superior Court of Los-Angeles County, California, an action against White on White’s note to Gibbons, and White…