Legal Opinion
In the Matter of Robert Dale Johnson, Bankrupt. Bruce Goldstein, Successor to S. David Rubenstein, Receiver in Bankruptcy v. McLean Bank
Court of Appeals for the Fourth Circuit
Decided April 5, 1977No. 76-1411PublishedCited by 21 opinions
1Opinion of the Court
CRAVEN, Circuit Judge:
The Receiver in the bankruptcy of Robert D. Johnson brought an adversary proceeding to collect a cashier’s check in the amount of $776,590 issued by the McLean Bank. The Bank defended, not upon the instrument, 1 but under Section 68 of the Bankruptcy Act, 11 U.S.C. § 108. It sought to have set-off against its obligation to pay the cashier’s check its even larger counterdemand against the bankrupt as guarantor of certain notes which had been pledged to it by the original obligees. The district court allowed the set-off; and for the reasons set forth below we affirm.
I
Robert…
2Cases cited17 opinions
- Studley v. Boylston National BankSupreme Court of the United States · 1913
- Maynard v. ElliottSupreme Court of the United States · 1931
- Schuler v. IsraelSupreme Court of the United States · 1887
- Tpo Incorporated v. Federal Deposit Insurance Corporation, as Receiver of Eatontown National BankCourt of Appeals for the Third Circuit · 1973
- United States v. RothCourt of Appeals for the Second Circuit · 1948
12 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Fed. Sec. L. Rep. P 96,549, 18 Ucc rep.serv.2d 588 Securities and Exchange Commission v. Charles Phillip Elliott, Charles O. Farrar, Receiver-Appellee, Kenneth J. Davis, Linda J. Davis, Leroy H. Moeller, as Personal Representative of the Estates of Adolph Hagstrom, Squire J. Kingston, Elizabeth Woods, Caroline Estelle, Lynnis H. McClain Ted Masco, Anita K. Hailey, Earl Setterblade, Francis Setterblade, Lloyd Schutzman, Shirley Schutzman, Albert C. Heil, Melvin Burkhardt, Rosa Ella Burkhardt, Howard Dore, Ruth Dore, Gerald J. Braun, Christie Braun, Monica Brooke Braun, C. Albert Ducharme Trust and Catherine F. Ducharme Trust, Seaton F. McDaniel Josephine McDaniel Trudy and Sidney Kleiner, Claimants-Appellants. Securities and Exchange Commission v. Charles Phillip Elliott, Charles O. Farrar, Receiver-Appellee, Melvin Burkhardt and Rosa Ella Burkhardt, Movants-AppellantsCourt of Appeals for the Eleventh Circuit · 1992
- Bossuyt v. Osage Farmers National BankSupreme Court of Iowa · 1985
- Federal Deposit Insurance Corporation, as Receiver of Penn Square Bank, N.A. v. The Liberty National Bank & Trust Co., Federal Deposit Insurance Corporation, as Receiver of Penn Square Bank, N.A. v. Utica National Bank and Trust CompanyCourt of Appeals for the Tenth Circuit · 1986
- Federal Deposit Insurance v. Modular Homes, Inc.District Court, D. New Jersey · 1994
- Rezapolvi v. First National BankCourt of Appeals of Maryland · 1983
16 more not listed; retrieve them via the Exa API.