Legal Opinion

First National Bank in Fort Lauderdale v. William H. Davis, as Trustee of the Estate of Broward Electric Service, Inc., Bankrupt

Court of Appeals for the First Circuit

Decided May 22, 1963No. 20042PublishedCited by 5 opinions

1Opinion of the Court

GRIFFIN B. BELL, Circuit Judge.

Broward Electric Service, Inc. was indebted to appellant bank on an unsecured monthly installment note dated June 10, 1959. Regular payments were made for July, August, and September by charging the deposit account of Broward in the bank pursuant to agreement.

On September 14, 1959 Broward filed a petition for an arrangement under Chapter XI of the Bankruptcy Act. 11 U.S. C.A. §§ 701 et seq. At the time of filing, the balance due on the note was $5,564.-98, and Broward had $4,307.41 in its bank account. The bank was entitled to a set-off in the amount of the…

2Cases cited6 opinions

  1. Lowden v. Northwestern Nat. Bank & Trust Co.Court of Appeals for the Eighth Circuit · 1936
  2. Reed v. Barnett Nat. Bank of JacksonvilleCourt of Appeals for the Fifth Circuit · 1918
  3. In re Mauch Chunk Brewing Co.Court of Appeals for the Third Circuit · 1942
  4. First Citizens Bank & Trust Co. of Utica v. MartinCourt of Appeals for the Second Circuit · 1936
  5. Tyler v. Marine Midland Trust Co. of New YorkCourt of Appeals for the Second Circuit · 1942

1 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. In Re B & L Oil Company, Debtor, Ashland Petroleum Company v. Garry R. Appel, Trustee for B & L Oil CompanyCourt of Appeals for the Tenth Circuit · 1986
  2. Preferred Surfacing, Inc. v. Gwinnett Bank & Trust Co.District Court, N.D. Georgia · 1975
  3. In Re WilliamsDistrict Court, N.D. Georgia · 1976
  4. Ben Hyman & Co., Inc. v. Fulton Nat. BankDistrict Court, N.D. Georgia · 1976
  5. Erickson v. Citizens First National Bank (In Re Erickson)United States Bankruptcy Court, C.D. Illinois · 1998

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