Legal Opinion

In re City Bank of Savings, Loan & Discount

District Court, D. California

Decided July 1, 1873PublishedCited by 2 opinions

1Opinion of the Court

HOFFMAN, District Judge.

The question presented on the facts as developed by the evidence taken by the register, is whether a creditor of an insolvent who has reasonable ground to believe him to be such, can assign his demand to a debtor of the insolvent, whose debt is not yet payable, so as to enable the latter to offset the demand so assigned to him against the debt due from him to the insolvent, the latter debt having become due and payable at the time the offset is claimed. The register was of opinion that the debts and credits which it sought to offset against each other were not “mutual”…

2Cases cited1 opinion

  1. Fort v. McCullyNew York Supreme Court · 1870

3Cited by2 opinions

  1. Conroy v. DunlapCalifornia Supreme Court · 1894
  2. Mattocks v. LoveringU.S. Circuit Court for the District of Massachusetts · 1880

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