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DAVIS v. NATIONAL SURETY CO.

No. 5777.

38 F.2d 987 (1930)

DAVIS v. NATIONAL SURETY CO. et al.

Circuit Court of Appeals, Fifth Circuit.

March 18, 1930.

Attorney(s) appearing for the Case

Richard B. Montgomery and Richard B. Montgomery, Jr., both of New Orleans, La., L. A. Dean, of Rome, Ga., and Harry F. Stiles, Jr., of New Orleans, La., for appellant.

J. R. Whitaker, of Cartersville, Ga., and Graham Wright, of Rome, Ga. (Wright & Covington, of Rome, Ga., on the brief), for appellees.

Before BRYAN and FOSTER, Circuit Judges, and BORAH, District Judge.

PER CURIAM.

To the petition of creditors alleging that he was insolvent and within four months had committed an act of bankruptcy by making an assignment of all his property, the appellant bankrupt answered denying insolvency and the act of bankruptcy alleged. During the trial upon the issues so raised, appellant sought, but was refused, leave of court to file an amended answer denying that he was indebted to petitioners in excess of securities held by them. There...

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