Flower v. Greenebaum
U.S. Circuit Court for the Northern District of Illnois
At Law. Action on two promissory notes by James M. Flower, receiver of the German National Rank, against Henry Greenebaum. Judgment for plaintiff. For prior report, see 2 Fed.
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At Law. Action on two promissory notes by James M. Flower, receiver of the German National Rank, against Henry Greenebaum. Judgment for plaintiff. For prior report, see 2 Fed. Rep. 897. This suit was brought upon two promissory notes given by defendant to the German National Bank of Chicago, the first being for the sum of 82.5,000, dated November 13, 1877,' and payable, with interest, at 8 per cent., 60 days after date; the other for the-sum of §15,000, dated November 17, 1877, payable, with interest, at 10 per cent., in 60 days after date. Roth notes were secured by certain collaterals,…
1Opinion of the Court
Blodgett, District Judge.
It is now insisted by the defendant that the bank assented by its action, or the action of its representative, at the creditors’ meeting, to be considered and treated as a fully secured creditor in the composition proceedings; that by voting for the composition on its unsecured debts it misled, or may be held to have misled, the defendant into the belief that it relied solely for payment of the notes in question on the security which it held for the notes, and that it ought not be allowed to collect the balance of these notes, after exhausting the security, from the…
2Cited by3 opinions
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- Norwich Plumbing Supply House, Inc. v. JohnsonConnecticut Superior Court · 1938
- Philadelphia Saving Fund Society v. Belkin, Pennsylvania Court of Common Pleas, Philadelphia County1940