Bank of Marin v. John M. England, Trustee in Bankruptcy in the Matter of Marin Seafoods, Inc. And Eureka Fisheries, Inc.

HAMLEY, Circuit Judge:

Bank of Marin appeals from a district court judgment affirming an order of a referee in bankruptcy holding the bank and Eureka Fisheries, Inc., jointly liable to a trustee in bankruptcy for the sum of $2,312.82. The sole question presented is whether a bank which honored checks of a depositor after the depositor had filed a voluntary petition in bankruptcy is liable to the trustee in bankruptcy for the amount of the checks paid where the bank had no notice of the bankruptcy proceeding.

The relevant facts are not in dispute. Between August 27,1963, and September 17, 1963,…