Darby v. Boatman's Sav. Inst.
U.S. Circuit Court for the District of Missouri
The complainants are trustees, under the 43d section of the bankrupt act of 1867 [14 Stat. 538], of John F. Darby, who was decreed a bankrupt on the 2d day of July, 1809. After stating that Darby was decreed a bankrupt, and Park and Tiffany appointed his trustees, the bill avers that Darby had for a long time prior to October, 1868, been doing -an unprofitable business as a private banker, which defendant well knew.
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The complainants are trustees, under the 43d section of the bankrupt act of 1867 [14 Stat. 538], of John F. Darby, who was decreed a bankrupt on the 2d day of July, 1809. After stating that Darby was decreed a bankrupt, and Park and Tiffany appointed his trustees, the bill avers that Darby had for a long time prior to October, 1868, been doing -an unprofitable business as a private banker, which defendant well knew. That being largely indebted, he had been in the constant habit of making and issuing his promissory and negotiable notes in sums of from $2,000 to $5,000, bearing interest on…
1Opinion of the Court
DILLON, Circuit Judge.
This is a bill in equity by the trustees in bankruptcy of John F. Darby, to recover from the defendants the sum of $105,000, to which, for the reasons stated in the bill, the trustees claim to be entitled. The facts set forth in the bill are numerous, and several transactions are detailed. The questions presented may be best treated by first stating some principles of law which underlie this controversy, and then by applying these principles to the case made by the bill.
There is no provision of the bankrupt law which prohibits a person from loaning money to, or…
2Cases cited5 opinions
- Farmers' & Mechanics' National Bank v. DearingSupreme Court of the United States · 1875
- Ransom v. HaysSupreme Court of Missouri · 1867
- Rock River Bank v. SherwoodWisconsin Supreme Court · 1860
- Farmers' Bank v. BurchardSupreme Court of Vermont · 1860
- State ex rel. Attorney-General v. The Boatmen's Savings InstitutionSupreme Court of Missouri · 1871
3Cited by5 opinions
- Claridge v. EvansWisconsin Supreme Court · 1908
- Stites v. DunnahooCourt of Appeals for the Seventh Circuit · 1902
- In re Federal Biscuit Co.Court of Appeals for the Second Circuit · 1914
- Higgins v. BrainardCalifornia Supreme Court · 1932
- Clark v. HezekiahDistrict Court, E.D. Arkansas · 1885