MIZRAHI v. MISCIONE

Docket No. 28947.

252 Cal.App.2d 673 (1967)

60 Cal. Rptr. 680

MORRIS I. MIZRAHI, Plaintiff and Respondent, v. JOHN J. MISCIONE, as Administrator, etc., Defendant and Appellant.

Court of Appeals of California, Second District, Division Three.

July 19, 1967.


Attorney(s) appearing for the Case

Nadel & Jacobson, Ruthe Jacobson and Ellis J. Horvitz for Defendant and Appellant.

Lester Bise, Berk & Bise, Paul P. Selvin and Selvin & Cohen for Plaintiff and Respondent.


SHINN, J.*

The appeal is from a judgment establishing a claim against the estate of John V. Miscione, deceased, after its rejection by defendant administrator. The claim was rejected and the action was defended upon the ground that Miscione had been declared a bankrupt and had been discharged from all his debts. The court found that Mizrahi or his attorneys had no notice or knowledge of the bankruptcy proceedings, and concluded that plaintiff...

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