Leinkauf v. Wellhouse

Wellhouse was trustee in bankruptcy upon the estate of Frances Loeb, bankrupt; and Leinkauf was surety upon his bond as such trustee. Wellhouse became short in his accounts with the estate; and, to raise the money necessary to cover the .shortage, he borrowed it from the Third National Bank of Atlanta, Leinkauf becoming his surety upon the notes discounted for that purpose. Wellhouse became insolvent, was adjudged bankrupt, and was discharged. Leinkauf, having been compelled to pay the motes at bank, brought suit against Wellhouse, who defended by pleading his discharge in bankruptcy. The…