Johnson v. Ellmers

DENISON, Circuit Judge.

Ellmers, bankrupt, had given notes to his daughter and his wife’s cousin, and these notes were proved in bankruptcy by the payees. Their allowance was contested before the referee by objecting creditors, on the grounds of fraud, lack of consideration, and limitation. The referee saw the witnesses and heard their testimony, and allowed the claims. On petition to the District Court for review, that coúrt approved the referee’s conclusion. It is plain that under the rules stated itl Ohio Valley Bank v. Mack (C. C. A. 6) 163 Fed. 155, 89 C. C. A. 605, 24 L. R. A. (N. S.)…