Swarts v. Fourth National Bank
Court of Appeals for the Eighth Circuit
Appeal from the District Court of the United States for the Eastern District of Missouri. On February 6, 1900, the Siegel-Hillman Dry Goods Company, a corporation, was adjudged a bankrupt on the petition of its creditors, which’was filed on December 30, 1899: Pour months before the filing of the petition, the Fourth National Bank of St. Louis held a claim of $60,000 against’ this corporation, which was evidenced by a series of promissory'notes signed by the company, and…
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Appeal from the District Court of the United States for the Eastern District of Missouri. On February 6, 1900, the Siegel-Hillman Dry Goods Company, a corporation, was adjudged a bankrupt on the petition of its creditors, which’was filed on December 30, 1899: Pour months before the filing of the petition, the Fourth National Bank of St. Louis held a claim of $60,000 against’ this corporation, which was evidenced by a series of promissory'notes signed by the company, and indorsed by H. A. Loeb and B. Hillman, which amounted to $35,000, and by -another series of promissory notes signed by the…
1Opinion of the CourtSanborn, Circuit Judge
May a creditor of a bankrupt whose claim is evidenced by numerous promissory notes secured by different indorsers or accommodation makers accept from the insolvent, within four months of the filing of the petition in bankruptcy against him, payment in part of the notes secured by the solvent indorsers, and then obtain the allowance of that portion of his claim against the bankrupt upon which the solvent indorsers were not liable, without a surrender of the payment he has thus obtained? This is the primary question which this case presents.
No one can become familiar with the bankrupt law of…
2Cases cited18 opinions
- Pirie v. Chicago Title & Trust Co.Supreme Court of the United States · 1901
- Madison Square Bank v. PierceNew York Court of Appeals · 1893
- Columbus Electric Co. v. WordenCourt of Appeals for the Seventh Circuit · 1900
- Bartholow v. BeanSupreme Court of the United States · 1874
- Kimball v. E. A. Rosenham Co.Court of Appeals for the Eighth Circuit · 1902
13 more not listed; retrieve them via the Exa API.
3Cited by94 opinions
- Local Loan Co. v. HuntSupreme Court of the United States · 1934
- Merrill v. Abbott (In Re Independent Clearing House Co.)United States Bankruptcy Court, D. Utah · 1984
- In re Roth & AppelCourt of Appeals for the Second Circuit · 1910
- Ivanhoe Building & Loan Assn. v. OrrSupreme Court of the United States · 1935
- Swarts v. SiegelCourt of Appeals for the Eighth Circuit · 1902
89 more not listed; retrieve them via the Exa API.