Legal Opinion
Tyler v. Marine Midland Trust Co. of New York
Court of Appeals for the Second Circuit
Decided June 8, 1942No. 251PublishedCited by 10 opinions
1Opinion of the Court
CLARK, Circuit Judge.
The questions for decision in this case are whether a creditor holding an unma-tured note may exercise a right of setoff while the debtor is in a proceeding for an arrangement, Bankruptcy Act, Chapter XI, 11 U.S.C.A. § 701 et seq., and if so, whether the validity of the setoff is affected by a dismissal of this proceeding followed immediately by a proceeding for reorganization, Bankruptcy Act, Chapter X, 11 U.S.C.A. § 501 et seq. Both the referee and the judge below upheld the creditor on these questions, and the debtor’s trustee appeals. We believe the rulings below to…
2Cases cited9 opinions
- Pepper v. LittonSupreme Court of the United States · 1939
- Local Loan Co. v. HuntSupreme Court of the United States · 1934
- Securities & Exchange Commission v. United States Realty & Improvement Co.Supreme Court of the United States · 1940
- Studley v. Boylston National BankSupreme Court of the United States · 1913
- New York County National Bank v. MasseySupreme Court of the United States · 1904
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- In the Matter of the Bohack Corporation, Debtor-In-Possession. The Bohack Corporation v. Borden, Inc.Court of Appeals for the Second Circuit · 1979
- In the Matter of Yale Express System, Inc., Debtor. Boston Insurance Company v. F. Ralph Nogg, TrusteeCourt of Appeals for the Second Circuit · 1966
- Susquehanna Chemical Corp. v. Producers Bank & Trust Co.Court of Appeals for the Third Circuit · 1949
- Preferred Surfacing, Inc. v. Gwinnett Bank & Trust Co.District Court, N.D. Georgia · 1975
- In Re Susquehanna Chemical CorporationDistrict Court, W.D. Pennsylvania · 1949
5 more not listed; retrieve them via the Exa API.