Nealon

Nealon v. Shute

Good Law
38 F.2d 769·1930 U.S. App. LEXIS 2396
United States Court of Appeals for the Ninth CircuitMarch 3, 1930No. 5949California1,984 words

Opinion

Lead Opinion

Dietrich, J.

This is an appeal from an order granting a discharge in bankruptcy to George W. Shute, who was adjudged a voluntary bankrupt on April 17,1928. The petition for discharge was filed May 29, 1928, and in due time the trustee, who had been authorized so to do, together with the largest creditor, appeared and filed specifications of objections thereto. After extended hearings thereon, the court below on January 9, 1929, denied the objections and entered the order of discharge.

The bankrupt is an attorney of more than twenty-five years’ experience, and at the time of the adjudication resided at Phranix, Ariz., where he was engaged in the practice of I;aw; and it may be added from such practice he was receiving a substantial income. His obligation to the objecting creditor grew out of a transaction wherein the latter as his surety signed his promissory note to a bank. The bankrupt having defaulted, the creditor was required to take up the note at an outlay of $31,332, the last installment of which was paid to the bank in June, 1927. To procure reimbursement, the creditor placed the matter in the hands of an attorney. By the latter efforts were thereafter made, without success, to induce…

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