Legal Opinion
United Pacific Insurance Company v. The United States and William H. Kennedy, Trustee in Bankruptcy of Nils Sigurd Andersson, Third-Party
Court of Appeals for the Third Circuit
Decided April 15, 1966No. 292-62PublishedCited by 14 opinions
1Opinion of the Court
COWEN, Chief Judge. 1
The Government is a stakeholder of funds admittedly due for completed performance of a contract. Plaintiff, a surety company which financed contract performance under a questioned assignment, and the third-party claimant, trustee in bankruptcy of the insolvent contractor, are rival claimants for the funds so held. At issue are whether the assignment is valid, and whether payment under it would constitute a voidable preference under Section 60 of the Bankruptcy Act (11 U.S.C. § 96), which the trustee in bankruptcy may treat as void.
Plaintiff is a qualified surety under…
2Cases cited7 opinions
- McKenzie v. Irving Trust Co.Supreme Court of the United States · 1945
- Martin v. National Surety Co.Supreme Court of the United States · 1937
- National Bank of Commerce v. DownieSupreme Court of the United States · 1910
- Royal Indemnity Co. v. United StatesUnited States Court of Claims · 1950
- Beaconwear Clothing Co. v. United StatesUnited States Court of Claims · 1966
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Arthur Pew Construction Company, Inc. v. Lurton E. Lipscomb, First National Bank of Atlanta, William L. Cooney, L. Patrick ClaiborneCourt of Appeals for the First Circuit · 1992
- In the Matter of Hygrade Envelope Corp., Bankrupt. Samuel S. Baranow, Trustee in Bankruptcy of Hygrade Envelope Corp. v. Gibraltar Factors Corp.Court of Appeals for the Second Circuit · 1968
- Delmarva Power & Light Co. v. United StatesUnited States Court of Federal Claims · 2007
- Arkwright Mutual Insurance Company v. Bargain City, U.S.A., IncCourt of Appeals for the Third Circuit · 1967
- Haddon Housing Associates, LLC v. United StatesUnited States Court of Federal Claims · 2011
9 more not listed; retrieve them via the Exa API.