Yaple v. Dahl-Millikan Grocery Co.
Supreme Court of the United States
CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE . SIXTH CIRCUIT. The facts are stated in the opinion of the court. cited Pirie v. Trust Co., 182 U. S. 443; 5 Am. Bk. Rep. 814; McKey v. Lee, 105 Fed. Rep. 923; 45 C. C. A. 127; 5 Am. Bk. Rep. 271; Morey Mer. Co. v. Schiffer, 7 Am. Bk. Rep. 670; Gans v. Ellison, 8 Am. Bk. Rep. 153; Kahn v. Exp. & Commission Co., 8 Am. Bk. Rep. 157; Re William Bothwell, 8 Am. Bk.
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CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE . SIXTH CIRCUIT. The facts are stated in the opinion of the court. cited Pirie v. Trust Co., 182 U. S. 443; 5 Am. Bk. Rep. 814; McKey v. Lee, 105 Fed. Rep. 923; 45 C. C. A. 127; 5 Am. Bk. Rep. 271; Morey Mer. Co. v. Schiffer, 7 Am. Bk. Rep. 670; Gans v. Ellison, 8 Am. Bk. Rep. 153; Kahn v. Exp. & Commission Co., 8 Am. Bk. Rep. 157; Re William Bothwell, 8 Am. Bk. Rep. 213. The date of payment of a check is when it is paid by the bank and not when it is given out by the bankrupt. Re Amasa Lyon, 7 Am. Bk. Rep. 412.
1Opinion of the Court
The Chief Justice:
Two questions are propounded by this certificate, namely:
“1. Where a creditor has a claim for a balance due against an insolvent debtor afterwards adjudicated a bankrupt, upon an open account for goods sold and delivered four months before the adjudication in bankruptcy, and during said period makes a number of sales of merchandise on credit to the insolvent debtor, which becomes a part of the debtor’s estate, and during the same period receives payments of sums on account, from time to time, which payments are received in good faith without knowledge of the debtor’s…
2Cases cited1 opinion
- Jaquith v. AldenSupreme Court of the United States · 1903
3Cited by25 opinions
- Thomas W. Garland, Inc. v. Union Electric Co. (In Re Thomas W. Garland, Inc.)United States Bankruptcy Court, E.D. Missouri · 1982
- Pettigrew v. Trust Co. Bank (In Re Bishop)United States Bankruptcy Court, N.D. Georgia · 1982
- Bernstein v. Alpha Associates, Inc. (In Re Frigitemp Corp.)District Court, S.D. New York · 1983
- Engstrom v. WileyCourt of Appeals for the Ninth Circuit · 1951
- Waldschmidt v. Ranier (In Re Fulghum Construction Co.)United States Bankruptcy Court, M.D. Tennessee · 1980
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