THOMPSON v. ENGLAND

No. 14381.

226 F.2d 488 (1955)

Mary Wagner THOMPSON, Appellant, v. John O. ENGLAND, as Trustee of the Estate of James Leo Thompson, Bankrupt, Appellee.

United States Court of Appeals Ninth Circuit.

October 24, 1955.


Attorney(s) appearing for the Case

Arthur N. Ziegler, Allan L. Sapiro, San Francisco, Cal., for appellant.

James M. Conners, Vernon D. Stokes, San Francisco, Cal., for appellee.

Before DENMAN, Chief Judge, and HEALY and LEMMON, Circuit Judges.


DENMAN, Chief Judge.

This is an appeal from a decision of the United States District Court confirming the Referee in Bankruptcy's order disallowing appellant's claim.

Appellant loaned her husband, the bankrupt, $12,000 of her separate property to be repaid from the proceeds of his business "as soon as said business is in a sound, financial position." In order for a creditor to share in the assets of a bankrupt he must have a claim both provable under...

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