Kemp

Harry E. Jones, Inc. v. Kemp

Good Law
74 F.2d 623·1935 U.S. App. LEXIS 3484
United States Court of Appeals for the Ninth CircuitJanuary 7, 1935No. 6934California2,117 words

Opinion

Lead Opinion

Norcross, J.

Appellants filed claims against the respondent Guaranty Building & Loan Association' of Los Angeles, claiming preferred rights in respect thereto. The said claims, subject to a slight exception hereinafter noted, were approved by the receiver and special master as general claims, but denied priority or preference in payment out of the funds of the receivership estate. From an order confirming the report, findings, and conclusions of the special master, said claimants appeal.

The salient facts respecting the claim of Investors of America, Limited,'as stipulated by counsel for the respective parties, are the following: That on June 28, 1930, said claimant issued to respondent association two checks in the sum of $25,000 each, one of which was cashed August 1, and the other August 22, 1930. That on September 24, 1930, a check for the sum oi $19,000 was similarly issued, and on September 26, 1930, was cashed. That on September 25, 1930, the said association received $6,000 by withdrawing said amount from claimant’s account in said association, and on October 27, 1930) said association in the same manner received $25,000. That the said sums of money and each of them were paid by said…

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