First Nat. Bank of El Centro v. Harper
Court of Appeals for the Ninth Circuit
In Error to the District Court of the United States for the Southern Division of the Southern District of California; Oscar A. Trip-pet, Judge. Action by W. F. Harper, trustee in bankruptcy of H. G. Faubion, against the First National Bank of F,1 Centro. Judgment for plaintiff, and defendant brings error.
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In Error to the District Court of the United States for the Southern Division of the Southern District of California; Oscar A. Trip-pet, Judge. Action by W. F. Harper, trustee in bankruptcy of H. G. Faubion, against the First National Bank of F,1 Centro. Judgment for plaintiff, and defendant brings error. The defendant in error, the trustee of the estate of H. G. Faubion, who was adjudged a bankrupt upon an involuntary petition filed October1 11, 1913, brought this action against the plaintiff in error to recover $12,728 as a voidable preference. On and prior to September 1, 1918, one H. F.…
1Opinion of the CourtGilbert, Circuit Judge
(after stating the facts as above). The assignment of error upon which the bank relies is the denial of its motion, made at the close of the case, for an instructed verdict in its favor. It cites New York County Bank v. Massey, 192 U. S. 138, 24 Sup. Ct. 199, 48 L. Ed. 380, in which it was held that the balance of a bank account at the time of filing the petition is a debt due to the bankrupt from the .bank, and that in the absence of fraud or collusion between the bankrupt and the bank, with a view of creating a preferential transfer, the bank need not surrender such balance, but it may set…
2Cases cited11 opinions
- Studley v. Boylston National BankSupreme Court of the United States · 1913
- New York County National Bank v. MasseySupreme Court of the United States · 1904
- National City Bank of NY v. HotchkissSupreme Court of the United States · 1913
- Continental & Commercial Trust & Savings Bank v. Chicago Title & Trust Co.Supreme Court of the United States · 1913
- Ernst v. Mechanics' & Metals Nat. Bank of New YorkCourt of Appeals for the Second Circuit · 1912
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- CITIZENS'NAT. BANK OF GASTONIA, NC v. LinebergerCourt of Appeals for the Fourth Circuit · 1930
- In Re Almond-Jones Co.District Court, D. Maryland · 1926
- Merrimack Nat. Bank v. BaileyCourt of Appeals for the First Circuit · 1923
- Bank of Commerce & Trusts v. HatcherCourt of Appeals for the Fourth Circuit · 1931
- Bailey v. Merrimack Nat. BankDistrict Court, D. Massachusetts · 1922
3 more not listed; retrieve them via the Exa API.