In re Babcock
U.S. Circuit Court for the District of Massachusetts
[In bankrupted'. In the matter of Samuel H. Babcock, a bankrupt. Petition by Henry Winsor, assignee, that Hugh R. Kendall, a creditor, for whom the bankrupt was surety on a bill of exchange, be ordered to proceed in a suit against the debtor under said bill, and apply the proceeds to the satisfaction thereof.
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[In bankrupted'. In the matter of Samuel H. Babcock, a bankrupt. Petition by Henry Winsor, assignee, that Hugh R. Kendall, a creditor, for whom the bankrupt was surety on a bill of exchange, be ordered to proceed in a suit against the debtor under said bill, and apply the proceeds to the satisfaction thereof. Ordered that the creditor proceed with the suit, or authorize the same to be carried on by the assignee.] This was a case in bankruptcy adjourned into the circuit court from the district court, the judge of the district court being interested in the case. The petition on which the case…
1Opinion of the Court
STORY, Circuit Justice.
The circumstances of the case, shortly stated, are these: Kendall (the creditor), is the holder of a bill of exchange, drawn by one Leonard, agent of the Dudley Manufacturing Company, payable to his own order, upon Babcock, the bankrupt, and accepted by him, and endorsed by Leonard to Kendall. It is admitted that Babcock is a mere accommodation acceptor, but that fact was not known to Kendall at the time of his taking the bill. The bill at its maturity was dishonored, and Kendall has proved his debt in bankruptcy against the estate of Babcock; and has also brought a…
2Cases cited1 opinion
- Berg v. RadcliffNew York Court of Chancery · 1822
3Cited by18 opinions
- Board of Com'rs v. HurleyCourt of Appeals for the Eighth Circuit · 1909
- First National Bank v. . WoodNew York Court of Appeals · 1877
- Newcomb v. . HaleNew York Court of Appeals · 1882
- Winslow v. WallaceIndiana Supreme Court · 1888
- Emlen's EstateSupreme Court of Pennsylvania · 1939
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