Legal Opinion

Bank of Marin v. England

Supreme Court of the United States

Decided December 5, 1966No. 63PublishedCited by 497 opinions

1Opinion of the CourtJustice Douglas

The question presented by this case is whether a bank which honored checks of a depositor drawn before its bankruptcy but presented for payment after it had filed -a voluntary petition in bankruptcy, is liable to the trustee for the amount of the checks paid where the bank had no knowledge or notice of the proceeding. The trustee applied to the referee for a turnover order requiring petitioner bank to pay to the trustee the amount of the checks and in the alternative asking the same relief against the payee. The referee determined that petitioner and the payee were jointly liable to the…

2Cases cited14 opinions

  1. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  2. Pepper v. LittonSupreme Court of the United States · 1939
  3. Schroeder v. City of New YorkSupreme Court of the United States · 1962
  4. City of New York v. New York, New Haven & Hartford RailroadSupreme Court of the United States · 1953
  5. Securities & Exchange Commission v. United States Realty & Improvement Co.Supreme Court of the United States · 1940

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3Cited by497 opinions

  1. Mennonite Board of Missions v. AdamsSupreme Court of the United States · 1983
  2. Kelly v. RobinsonSupreme Court of the United States · 1986
  3. Tulsa Professional Collection Services, Inc. v. PopeSupreme Court of the United States · 1988
  4. Citizens Bank of Md. v. StrumpfSupreme Court of the United States · 1995
  5. Bankr. L. Rep. P 71,787 in Re John E. Tully, Debtor. Henry J. Boroff, Trustee in Bankruptcy of John E. Tully v. John E. TullyCourt of Appeals for the First Circuit · 1987

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