Legal Opinion
In re Foutz
District Court, W.D. Virginia
Decided August 30, 1967No. 66-BK-697-RPublishedCited by 3 opinions
1Opinion of the Court
DALTON, Chief Judge.
This case is before the court on a petition of the Bank of Salem, Salem, Virginia, to review, pursuant to section 2(a) (10) of the Bankruptcy Act, 11 U.S.C.A. § 11(a) (10), the order of the referee in bankruptcy denying the Bank's request to set off funds of the debtor, Edward H. Foutz, Sr., on deposit with the Bank against the amount which the debtor owes the Bank by virtue of his being a co-maker on a defaulted note to the Bank.
The facts as stipulated are as follows: In 1962, the debtor had a checking account in the Bank of Salem, Salem, Virginia (hereinafter referred to…
2Cases cited6 opinions
- Studley v. Boylston National BankSupreme Court of the United States · 1913
- CITIZENS'NAT. BANK OF GASTONIA, NC v. LinebergerCourt of Appeals for the Fourth Circuit · 1930
- Union Bank & Trust Co. of Helena v. LobleCourt of Appeals for the Ninth Circuit · 1927
- In re CrossCourt of Appeals for the Second Circuit · 1921
- Bank of Commerce & Trusts v. HatcherCourt of Appeals for the Fourth Circuit · 1931
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3Cited by3 opinions
- Hudson United Bank v. House of Supreme, Inc.New Jersey Superior Court Appellate Division · 1977
- In Re WilliamsDistrict Court, N.D. Georgia · 1976
- McFarland v. BrierSupreme Court of Rhode Island · 2004