Leonard

Leonard v. Field

Good Law
71 F.2d 483·1934 U.S. App. LEXIS 3122
United States Court of Appeals for the Ninth CircuitMay 28, 1934No. 7285California2,568 words

Opinion

Lead Opinion

Wilbur, J.

This is an appeal from an order of the District Court made and entered September 12, 1933, affirming an order of the referee in bankruptcy made on Way 10, 1932, disallowing a petition for reclamation filed by A. W. Leonard. According to the allegations of the various elaims and petitions for reclamation filed by the petitioner he intrusted certain stocks of the aggregate value of $28,464.50 to the bankrupt as security for margins upon stock to be purchased by the bankrupt for and on behalf of the appellant.

On Juno 22, 1931, appellant filed claim for $31,500 for the conversion of the securities deposited by him as collateral which it was alleged were sold without authority. The next day the claim was withdrawn, claimant averring “that since said claim was turned over to be filed claimant has learned additional facts which malee it unwise for him to prove his claim as a general creditor.” On October 27, 1931 a claim was filed for $28,464.50; together with interest from June 25, 1930; at 6 per cent, per annum for the conversion of the aforementioned stock including 20 shares of the Pacific National Bank of Seattle, valued at $5,400; and 200 shares of Stone and Webster stock valued…

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