Doyle v. Milwaukee Nat. Bank of Wisconsin
Court of Appeals for the Seventh Circuit
Appeal from the District Court of the United States for the Eastern District of Wisconsin. This ease arises upon the following facts: Robert Harpke and Frederick Maier, individually, and as copartners doing business as Harpke and Maier, July 24, 1900, were, upon their voluntary petition, adjudged bankrupts.
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Appeal from the District Court of the United States for the Eastern District of Wisconsin. This ease arises upon the following facts: Robert Harpke and Frederick Maier, individually, and as copartners doing business as Harpke and Maier, July 24, 1900, were, upon their voluntary petition, adjudged bankrupts. The schedules accompanying the petition showed nominal assets of a little over twenty-two thousand dollars (22,000) and liabilities of a little over thirty thousand dollars (30,000), and appellee herein being scheduled as an.unsecured creditor in the sum of two thousand dollars. The…
1Opinion of the CourtGrosscup, Circuit Judge
The facts disclosed in the record fail to convince us that the appellee was without knowledge that the funds used by Riesen to pay off the three thousand dollar note had-been furnished by Harpke and Maier. It seems probable that appellee knew, or should have known, the source of this fund. But there is no convincing proof bringing to appellee knowledge or notice that Harpke and Maier were then insolvent.
On this state of facts the question presented is this: Will appellee be debarred from proving its two thousand dollar claim because it received from the endorser payment of the three thousand…
2Cited by4 opinions
- Swarts v. Fourth National BankCourt of Appeals for the Eighth Circuit · 1902
- Livingstone v. HeinemanCourt of Appeals for the Sixth Circuit · 1903
- In re Star Spring Bed Co.District Court, D. New Jersey · 1919
- In re L & M Realty Corp.District Court, E.D. Virginia · 1955