Wilson

Wilson v. Continental Building & Loan Ass'n

Good Law
147 C.C.A. 18·232 F. 824·1916 U.S. App. LEXIS 1883
United States Court of Appeals for the Ninth CircuitMay 15, 1916No. 2685California1,402 words

Opinion

lead Opinion

Hunt, J.

The Continental Building & Loan Association, a building and loan association formed under the laws q£ the state of California, filed a petition in voluntary bankruptcy, and on August 9, 1915, was adjudged a bankrupt. In its petition the corporation set forth that it owed debts which it was unable to pay in full, and accompanied the petition with a schedule in which it named its stockholders as creditors. The District Court referred the matter to A. B. Kreit, Esq., referee in bankruptcy.

The first meeting of creditors was held on August 30, 1915. A large number of the stockholders, creditors, appeared, and elected T. C. Tognazzi trustee. The referee disapproved of the selection, basing his disapproval upon the ground that “the choice of Mr. Tognazzi had been influenced by the acts of the officers and attorneys connected with the bankrupt corporation.” Thereupon the matter was continued until September 15, 1915, when a new election was held and the Anglo-California Trust Company was elected trustee over two other candidates whose names were presented. At this meeting the referee declined to allow directors, officers, and attor *826 neys of the bankrupt to participate in the…

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