Livingstone v. Heineman
Court of Appeals for the Sixth Circuit
Appeal from the District Court of the United States for the Northern District of Ohio. Joseph New was adjudged a voluntary bankrupt on his petition filed August 8, 1901. Within four months of the filing of the petition he was indebted to the Mahoning National Bank of Youngstown, Ohio, on two series of promissory notes, in the aggregate sum of §9,000. The following is a list of the notes of the first series: (1) Note for §1,200, dated January 14, 1901, payable in four months;…
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Appeal from the District Court of the United States for the Northern District of Ohio. Joseph New was adjudged a voluntary bankrupt on his petition filed August 8, 1901. Within four months of the filing of the petition he was indebted to the Mahoning National Bank of Youngstown, Ohio, on two series of promissory notes, in the aggregate sum of §9,000. The following is a list of the notes of the first series: (1) Note for §1,200, dated January 14, 1901, payable in four months; (2) note for $1,000, dated February 1, 1901, payable on demand; (3) note for $1,500, dated February 27, 1901, payable…
1Opinion of the CourtThompson, District Judge
The co-sureties of Heineman on the second series of notes do not make any claim against the estate of the bankrupt, and they have no relation to the controversy here which we are called upon to consider. The controversy is between Heineman and the trustee of the bankrupt. Some time within four months preceding the filing of the petition in bankruptcy the bank was the owner and legal holder of the two series of notes, which, in so far as the bank was concerned, and for the purposes of the administration of the bankrupt’s estate, constituted but a single claim for $9,000, no part of which could…
2Cases cited2 opinions
- Swarts v. Fourth National BankCourt of Appeals for the Eighth Circuit · 1902
- Doyle v. Milwaukee Nat. Bank of WisconsinCourt of Appeals for the Seventh Circuit · 1902
3Cited by13 opinions
- In Re WINDOR INDUSTRIES INC.District Court, N.D. Texas · 1978
- Miller v. Fisk Tire Co.District Court, D. Minnesota · 1926
- In Re Beasley-Gilbert's, Inc.District Court, S.D. Ohio · 1968
- West, Trustee v. Bank of LahomaSupreme Court of Oklahoma · 1905
- In re Louis J. Bergdoll Motor Co.District Court, E.D. Pennsylvania · 1915
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