General Commodities Corporation, Ltd. v. Hyman-Michaels Company

224 F.2d 952 GENERAL COMMODITIES CORPORATION, Ltd., a corporation, William H. Heen, Thelma Akana, also known as Thelma Akana Harrison, and Ernest K. Kai, Appellants, v. HYMAN-MICHAELS COMPANY, a corporation, Appellee. No. 13625. United States Court of Appeals Ninth Circuit. Aug. 15, 1955. Frederick L. Hewitt, Dudley Harkleroad, San Francisco, Cal., Robert Gray Dodge, Honolulu, Hawaii, for appellants. Philip S. Ehrlich, Albert A. Axelrod, R. J. Hecht, Irving Rovens, San Francisco, Cal., for appellee. Before DENMAN, Chief Judge, and HASTIE and CHAMBERS, Circuit Judges. DENMAN, Chief Judge. 1 Heen, Akana and Kai appeal from an order of the district court in a diversity suit, requiring them to submit to arbitration, under 9 U.S.C. § 4 , claims against them arising from a contract with Hyman-Michaels, which the latter contends imposed on them a personal liability for the debts of General Commodities Corp. 2 The appellants had refused to arbitrate and contend, inter alia, that the contract shows on its face that it created no personal liability in them for General Commodities' debts and hence, there being nothing to arbitrate, Hyman-Michaels is not a 'party aggrieved' under 9…