Chichester v. Seymour

Appellant, as trustee in bankruptcy of Reuben P. Underwood, commenced an action based upon an alleged destroyed promissory note, claimed to be dated January 1, 1929, for the sum of $9,600, and made, executed and delivered to the bankrupt. According to the allegations of the complaint the note was subsequently destroyed by respondent, without payment. From a judgment for respondent and an order denying a motion for new trial, appellant has appealed.

On October 30, 1935, Reuben P. Underwood was adjudicated a bankrupt and Frank M. Chichester was thereafter duly appointed trustee in bankruptcy.…