Alexander Bisno and Sally Bisno v. Marvin F. Hyde

Good Law
290 F.2d 560·1961 U.S. App. LEXIS 4912
United States Court of Appeals for the Ninth CircuitApril 4, 196117061_1California736 words

Opinion

Opinion

Chambers, J.

Hyde sued the bankrupt Bisnos as co-partners in this diversity action for fraudulent conversion of some $12,000.00 sent to Alexander Bisno by Hyde to purchase an interest in the soon-to-be bankrupt Moulin Rouge hotel-gambling house at Las Vegas, Nevada. The Bisno business in Las Vegas was carried on under the fictitious name of Nevada Real Estate Loan Company. After a trial before the court, findings of fact, conclusions of law and judgment were entered in favor of Hyde in the amount demanded. Obviously the purpose of the suit is to frustrate for Hyde the bankruptcy taken by the Bisnos after Alexander obtained the money which at least he “lost” for Hyde.

Alexander claims there was insufficient evidence, but as we examine the record and his argument, he can only contend that the trial court might properly have found for him. But it did not. And, the judgment as to him is amply supported by evidence.

As to Sally Bisno, it is asserted that she was a limited partner, that Nevada law applies, and that Nevada law exempts ordinarily a limited partner for liability for a general partner’s fraud. Hyde does not dispute that Nevada law applies. So we shall assume it does.

While there is a…

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