Keppel v. Tiffin Savings Bank
Supreme Court of the United States
CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS' FOR THE SIXTH CIRCUIT. Charles A. Goetz became a‘voluntary bankrupt on October 12, 1900. George B. Keppel, the trustee, sued the Tiffin Savings Bank in an Ohio court to cancel two real estate mortgages executed by Goetz, one to secure a note for four and the other a note for two thousand dollars. The mortgage to secure the four thousand-dollar note was made more than four months before the adjudication in bankruptcy.
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CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS' FOR THE SIXTH CIRCUIT. Charles A. Goetz became a‘voluntary bankrupt on October 12, 1900. George B. Keppel, the trustee, sued the Tiffin Savings Bank in an Ohio court to cancel two real estate mortgages executed by Goetz, one to secure a note for four and the other a note for two thousand dollars. The mortgage to secure the four thousand-dollar note was made more than four months before the adjudication in bankruptcy. The mortgage securing the two thousand-dollar note was executed a few days before the bankruptcy, the mortgagor being at the time…
1Opinion of the CourtJustice White
The following are the questions asked by the Court of Appeals :
“First. Can a creditor of a bankrupt, who has received a merely voidable preference/ and who has in good faith retained such preference until deprived thereof by the judgment of a court upon a suit of the trustee, thereafter prove the debt so voidably preferred?
“Second. Upon the issue as to the allowance of the bank’s claims was it competent, in explanation of the judgment of the Ohio Circuit Court in favor of the trustee and against the bank in respect to its $2,000 mortgage, to show the disclaimer made in open court by the…
2Cases cited11 opinions
- Tiffany v. National Bank of Mo.Supreme Court of the United States · 1874
- In re Richter's EstateU.S. Circuit Court for the District of Iowa · 1870
- Streeter v. Jefferson County BankSupreme Court of the United States · 1893
- In re CurrierDistrict Court, D. Massachusetts · 1875
- In re BlackDistrict Court, D. Massachusetts · 1878
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3Cited by163 opinions
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- In Re: America West Airlines, Inc., Debtor. El Paso City of Texas v. America West Airlines, Inc.Court of Appeals for the Ninth Circuit · 2000
- In Re: Craig Piazza, Craig Piazza v. Nueterra Healthcare Physical Therapy, LLCCourt of Appeals for the Eleventh Circuit · 2013
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