Arenz

Fidelity & Deposit Co. v. Arenz

Good Law
61 F.2d 607·1932 U.S. App. LEXIS 4351
United States Court of Appeals for the Ninth CircuitNovember 7, 1932No. 6865California2,376 words

Opinion

Lead Opinion

Wilbur, J.

The Fidelity & Deposit Company of Maryland, engaged in "the business, among other things, of furnishing surety bonds to contractors, objected to the discharge in' bankruptcy of George C. Arenz, a contractor, for whom it had executed a surety bond for the sum of $71,306.25 on May 15> 1929, for the performance of a contract with the state of Oregon for the improvement of highways. This objection was based upon the ground that the bankrupt procured the execution of said surety bond by certain written false statements concerning his financial standing made by him to the appellant to induce, and which did induce, the execution thereof; and that the appellant was compelled to pay, and did pay, a judgment of $1(),000 in an action brought upon said bond by the Oregon City Sand & Gravel Company. The bankrupt demurred to the sufficiency of the objections, thus admitting the truth of the allegations. The demurrer was sustained, and the discharge granted, from which order the surety company takes this appeal. The question thus presented is whether or not under these circumstances the bankrupt “obtained money or property on credit, or obtained an extension or renewal of credit” within the…

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