United States v. Cherry

Opinion by

Baldrige, J.,

This is a suit by an attaching creditor of a bankrupt’s exemption to recover from a surety company for the failure of the trustee in bankruptcy to pay the exemption.

On October 26, 1927, Louis Yusem was adjudged a bankrupt and on December 12th, G-eorge J. Cherry was appointed trustee of the bankrupt estate. Bond was thereupon filed in the sum of $4,000 with the G-lobe Indemnity Company as surety. On December 20,1927, the plaintiff, a judgment creditor of Yusem, issued an attachment sur judgment out of the court of common pleas No. 3. On April 24, 1928, a petition was…