Chappell

Chappell v. Brainard

Good Law
8 F.2d 987·1925 U.S. App. LEXIS 3422
United States Court of Appeals for the Ninth CircuitNovember 23, 1925No. 4590California656 words

Opinion

Lead Opinion

Rudkin, J.

May E. Chappell presented a claim in the sum of $5,500 against the estate of the Home Furniture Company, Inc., bankrupt, based on two promissory notes for $2,500 and $3,000, respectively, executed by the bankrupt some time prior to the adjudication, payable to the order of one A. A. Chamberlain, and assigned by Chamberlain to the claimant, as security for her indorsement on a promissory note in the sum of $5,000, executed by Chamberlain and payable to the First National Bank of Vallejo. The referee allowed the claim in the sum of $4,500 and rejected the balance. Upon petition for revision by the trustee, the court below filed an opinion and entered the following order:

“In accordance with the views expressed in the above memorandum, the referee is hereby instructed to hear evidence and make findings as to whether or not there was, and now is, a good and valid defense against said A. A. Chamberlain, claimant’s assignor, to said two notes.”

The claimant has filed a petition in this court to review the above order in matters of law. Section 24b of the Bankruptcy Act (Comp. St. § 9608) provides that the several Circuit Courts of Appeals shall have jurisdiction in equity, either…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.