Nealon

On December 7, 1942, in an action by Guadalupe R. Gallegos and others against Intermountain Building & Loan Association and others, 1 the District Court entered two orders — one in favor of appellant, Thomas W. Nealon, allowing him a fee of $12,500, less $7,500 already paid, and $1,330.40 for expenses, and one in favor of Mrs. Elizabeth G. Monaghan, allowing her a fee of $12,500, less $7,500 already paid, and nothing for expenses. See Monaghan v. Hill, 9 Cir., 140 F.2d 31 .

Appellant accepted the payment of the sums allowed him. This payment was made by a voucher check for $6,330.40, bearing an endorsement, signed by defendant, which reads as follows: “Endorsement of this check acknowledges payment in full for all of the invoices listed on the voucher on the reverse side of this check.” The voucher on the reverse side listed these items:

“B-202 — Final Payment in Full Settlement of Attorney Fees Per Order of Court of December 7, 1942......... $5,000.00 Expenses allowed Per Order of Court of December 7, 1942... 1,330.40”

Appellant cashed the check and retained the proceeds.

On March 5, 1943, Mrs. Monaghan appealed from the order of December 7, 1942, made in her favor. On…