Legal Opinion

In re Philip Semmer Glass Co.

Court of Appeals for the Second Circuit

Decided January 12, 1905PublishedCited by 21 opinions

Appeal from the District Court of the United States for the Southern District of New York. This cause comes here on appeal from an order of the District Court, Southern District of New York, confirming a report of a referee in bankruptcy which allowed the claim of the First National Bank of Jersey City for $8,519.27 against the bankrupt’s estate.

1Per curiam

It seems unnecessary to add anything to the discussion of the case, which will be found in the report of the referee, 11 Am. Bank Rep. 665. It was held in N. Y. County National Bank v. Massey, 192 U. S. 138, 24 Sup. Ct. 199, 48 L. Ed. 380, that, in the absence of fraud or collusion, a bank which holds promissory notes of a bankrupt need not surrender a deposit balance standing to the credit of the bankrupt on the day of the adjudication in bankruptcy, but may set it off against said notes, and prove for the amount remaining due after such set-off. The appellant seeks to differentiate the case…

2Cases cited2 opinions

  1. New York County National Bank v. MasseySupreme Court of the United States · 1904
  2. Moch v. Market St. Nat. BankCourt of Appeals for the Third Circuit · 1901

3Cited by21 opinions

  1. Maynard v. ElliottSupreme Court of the United States · 1931
  2. Colman Co. v. WithoftCourt of Appeals for the Ninth Circuit · 1912
  3. Germania Savings Bank & Trust Co. v. LoebCourt of Appeals for the Sixth Circuit · 1911
  4. In re Pettingill & Co.District Court, D. Massachusetts · 1905
  5. In the Matter of Robert Dale Johnson, Bankrupt. Bruce Goldstein, Successor to S. David Rubenstein, Receiver in Bankruptcy v. McLean BankCourt of Appeals for the Fourth Circuit · 1977

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