DANCIGER v. SMITH

No. 5574.

36 F.2d 345 (1929)

DANCIGER v. SMITH.

Circuit Court of Appeals, Fifth Circuit.

December 2, 1929.


Attorney(s) appearing for the Case

J. M. McCormick, of Dallas, Tex., and I. J. Ringolsky and Wm. G. Boatright, both of Kansas City, Mo., for appellant.

W. B. Harrell, of Dallas, Tex. (Jed C. Adams and W. B. Harrell, both of Dallas, Tex., on the brief), for appellee.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.


WALKER, Circuit Judge.

On his voluntary petition, Nelson Kavanaugh Smith was adjudged bankrupt in June, 1921. No assets were listed and no trustee was appointed. Pursuant to an application filed by the bankrupt in August, 1921, an order purporting to discharge him was made by the judge on September 23, 1921. On July 13, 1928, the petitioner, Joseph Danciger, claiming to be the assignee of the only creditor who had proved his claim and of other creditors who had not...

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