Hanover National Bank v. Suddath (No. 2)
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE SECOND .CIRCUIT. The facts are stated in the opinion. The Hanover Bank was entitled in equity to set off the-advance made against the notes which it held. Scott v. Armstrong, 146 U. S. 499; Carr v. Hamilton, 129 TJ.
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APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE SECOND .CIRCUIT. The facts are stated in the opinion. The Hanover Bank was entitled in equity to set off the-advance made against the notes which it held. Scott v. Armstrong, 146 U. S. 499; Carr v. Hamilton, 129 TJ. S..252; Scam-mon v. Kimball, 92 U. S. 362; Bispham’s Equity, 7th ed., 1905, § 327; 2 Bolles’ Modem Law of Banking, 742; Bolling Mill v. Ore & Steel Co., 152 U. S. 596, 615; Schuler v. Israel, 120 U. S. 506; Armstrong v. Chemical Bank, 41fFed. Rep. 234; Bank v. Massey, 192. U. S. 138. In. New York the-set-off would have been allowed…
1Opinion of the CourtJustice Whtte
This is an outgrowth of a litigation between the same parties, which we have just decided in case No. 12, and we shall therefore refer to the banks as we' did in No. 12, the one as the Abilene Bank and the other as the Hanover Bank. On October 11, 1906, in reversing the judgment entered in that action on the first trial in -favor of the Hanover Bank, the Circuit Court of Appeals observed (149 Fed. Rep. 127, 130):
“The contention for the defendant in error that it was entitled to set off or counterclaim the indebtedness owing to it by the Abilene Bank when the latter became insolvent, is wholly…
2Cases cited1 opinion
- Scott v. ArmstrongSupreme Court of the United States · 1892
3Cited by8 opinions
- Morris v. . Windsor Trust Co.New York Court of Appeals · 1914
- Topas v. John MacGregor Grant, Inc.Court of Appeals for the Second Circuit · 1927
- Levy v. DrewCalifornia Supreme Court · 1935
- In re Gans & KleinDistrict Court, D. Montana · 1926
- Hockman v. Elliott & MyersNebraska Supreme Court · 1921
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