Lyttle v. National Surety Co.
Court of Appeals for the D.C. Circuit
IXuaring oil an appeal by a trustee in bankruptcy, intervener in a suit in equity by a surety company, from a decree of the Supreme Court of tlie District of Columbia bolding an equity court, awarding tbe plaintiff a fund in tbe bands of a receiver theretofore appointed by tbe court.
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IXuaring oil an appeal by a trustee in bankruptcy, intervener in a suit in equity by a surety company, from a decree of the Supreme Court of tlie District of Columbia bolding an equity court, awarding tbe plaintiff a fund in tbe bands of a receiver theretofore appointed by tbe court. The Court in the opinion stated tbe facts as follows: Appellee, National Surety Company, hereafter referred to as tbe surety company, filed a bill in equity in tbe supreme court of tbe District of Columbia against one Peckwortb, hereafter designated as tbe contractor, and William A McAdoo, Secretary of tbe…
1Opinion of the CourtJustice Van Orsdel
The appeal can be disposed of upon the single question of whether or not the court below erred in ordering the money paid to the surety company, instead of to the trustee of the bankrupt, to be adjudicated as part of the bankrupt’s estate in the bankruptcy court. The amount which the surety company finally received was about $5,000 less than the amount it was compelled to advance on account of the default of the contractor. Hence, no question as to the disposition of a surplus is involved. Counsel for appellant, in their brief concede the validity of plaintiffs claim to a lien, and its right…
2Cases cited10 opinions
- Prairie State Bank v. United StatesSupreme Court of the United States · 1896
- York Manufacturing Co. v. CassellSupreme Court of the United States · 1906
- Byers v. McAuleySupreme Court of the United States · 1893
- Thompson v. FairbanksSupreme Court of the United States · 1905
- Eyster v. GaffSupreme Court of the United States · 1876
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Morgenthau v. Fidelity & Deposit Co. of MarylandCourt of Appeals for the D.C. Circuit · 1937
- American Fidelity Company, a Corporation, and New Hampshire Fire Insurance Company, a Corporation v. National City Bank of Evansville, a CorporationCourt of Appeals for the D.C. Circuit · 1959
- Continental Casualty Company v. American Security Corporation Mather Construction Company, Mather Afb Housing No. Two, Inc.Court of Appeals for the D.C. Circuit · 1970
- Glassman Construction Co., Inc. v. The Fidelity and Casualty Company of New York, the Fidelity and Casualty Company of New York v. Glassman Construction Co., Inc.Court of Appeals for the D.C. Circuit · 1966
- Munsey Trust Co. v. United StatesUnited States Court of Claims · 1946
3 more not listed; retrieve them via the Exa API.