Legal Opinion

Union Nat. Bank of Chicago v. McKey

Court of Appeals for the Seventh Circuit

Decided June 21, 1900No. 610PublishedCited by 4 opinions

Petition, for Revision of Decision of the District Court of the United States for the Northern Division of the. Northern District of Illinois.

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Petition, for Revision of Decision of the District Court of the United States for the Northern Division of the. Northern District of Illinois. This matter was heard at the October session, 1899. The court is asked to revise in matter of law the decision of the district court for the Northern district of Illinois, Northern division, denying the petition of the Union National Bank of Chicago for an order upon the trustee of the estate of Buchanan & Keens, bankrupts, to repay the bank $1,000, alleged to have been paid by the bank to the trustee through mistake. The facts are not in dispute and…

1Opinion of the Court

BEIi CURIAM.

The decision below was contrary to the principles enunciated by this court in the case of Oil Co. v. Hawkins, 46 U. S. App. 115, 20 C. C. A. 468, 74 Fed. 305. It was not necessary that the bank should have offered to surrender the note in its possession to (lie trustee, or should hare brought it into court for cancellation. The clerk will certify to the district court direction to set aside the orders sustaining exceptions to the1 report of the referee and dismissing the petition, and to enter an order granting the relief prayed for. There shall be no recovery of costs in either…

2Cases cited1 opinion

  1. St. Louis & S. F. R. v. WhittleCourt of Appeals for the Eighth Circuit · 1896

3Cited by4 opinions

  1. United Fruit Co. v. United StatesCourt of Appeals for the First Circuit · 1951
  2. Chassen v. United StatesCourt of Appeals for the Second Circuit · 1954
  3. Weems v. United States Ex Rel. Internal Revenue Service (In Re Custom Center, Inc.)United States Bankruptcy Court, E.D. Tennessee · 1994
  4. In re SwiftDistrict Court, D. Massachusetts · 1901

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