Legal Opinion
Bonjour, Gough & Stone v. Pacific Employers Insurance
Court of Appeals for the Ninth Circuit
Decided August 27, 1974No. 73-2447PublishedCited by 1 opinion
1Opinion of the Court
OPINION
Before KOELSCH and KILKENNY, Circuit Judges, and McGOVERN,* District Judge.
2Per curiam
The only question involved in this appeal1 is whether the trustees are empowered by Section 70(c) of the Bankruptcy Act, 11 U.S.C. § 110(c), to require the surety to pay into the bankruptcy estate the penal sums on the contractors’ licensing bonds. The answer is clearly “no”.
The reasoning of Betzer v. Olney, 14 Cal.App.2d 53, 57 P.2d 1376 (1936), the only case directly in point, is persuasive, and we follow it. (See In re Goldsby, 51 F.Supp. 849 (S.D.Fla.1943)). None of the many changes in what is presently §…
3Cases cited5 opinions
- Prairie State Bank v. United StatesSupreme Court of the United States · 1896
- Pearlman v. Reliance InsuranceSupreme Court of the United States · 1962
- United States v. Commonwealth of Pa., Dept. of HighwaysDistrict Court, E.D. Pennsylvania · 1972
- Betzer v. OlneyCalifornia Court of Appeal · 1936
- In re GoldsbyDistrict Court, S.D. Florida · 1943
4Cited by1 opinion
- In The Matter Of Buna Painting & Drywall Co., Inc.Court of Appeals for the Ninth Circuit · 1974