MERIT CLOTHING COMPANY v. MADRAY

No. 19091.

295 F.2d 429 (1961)

MERIT CLOTHING COMPANY, Appellant, v. Dave L. MADRAY, Appellee.

United States Court of Appeals Fifth Circuit.

October 24, 1961.


Attorney(s) appearing for the Case

Wm. A. Zorn, Jesup, Ga., for appellant.

John D. Mattox, Jesup, Ga., for appellee.

Before BROWN, GEWIN, and BELL, Circuit Judges.


PER CURIAM.

Over the objections of another creditor (the appellant here), the Referee, sustained thereafter by the District Court, allowed the filing of a proof of claim by an accommodation indorser on the bankrupt's note payable to the principal creditor (a bank). The note was paid off by the indorser subsequent to the filing of the petition for bankruptcy. No proof of claim had been, or ever was, filed by the principal creditor. By a timely amendment supported by...

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