Legal Opinion · Dissent

Chain v. Wilhelm

Court of Appeals for the Fourth Circuit

Decided June 8, 1936No. 4007Published

1DissentParker, Circuit Judge

In my view of this case, the bond sued on is in no sense a mere offer, revocable by the death of the offeror. It is a solemn contract, which was entered into pursuant to law in order that a bank might be designated by order of court as official depository of bankruptcy funds. 11 U.S.C.A. § 101. As a result of the giving of the bond, 1he bank was created an official depository and was eligible to receive deposits of bankruptcy funds as such. I cannot conceive that liability under the bond terminated, while this official status of the bank continued, merely because of the death of the bondsman.…

2Cases cited7 opinions

  1. Moore v. WallisSupreme Court of Alabama · 1850
  2. Pond v. United StatesCourt of Appeals for the Ninth Circuit · 1901
  3. Royal Insurance Co. v. DaviesSupreme Court of Iowa · 1875
  4. Hecht v. SkaggsSupreme Court of Arkansas · 1890
  5. Shackamaxon Bank v. YardSupreme Court of Pennsylvania · 1892

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