Wolf v. National City Bank
Appellate Division of the Supreme Court of the State of New York
Submission of a controversy upon an agreed statement of facts, pursuant to section 1279 of the Code of Civil Procedure. The following is the statement of facts agreed to by the parties. “First.
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Submission of a controversy upon an agreed statement of facts, pursuant to section 1279 of the Code of Civil Procedure. The following is the statement of facts agreed to by the parties. “First. That heretofore and on or about the 31st day of July, 1913, the plaintiffs were duly appointed receivers of all the property, rights and franchises of Blum Brothers, Incorporated, a corporation organized and existing in the State of Pennsylvania, to wit, in the City of Philadelphia, in an action in the Court of Common Pleas in the County of Philadelphia, State of Pennsylvania, in equity wherein Gabriel…
1Opinion of the Court
Scott, J.:
It was undoubtedly the law of this State at the time the plaintiffs were appointed receivers of Blum Brothers, Inc., that an unmatured claim held by the creditors of a bankrupt could not be set off against a claim presently due from the creditors to the bankrupt. (Fera v. Wickham, 135 N. Y. 225; Matter of Hatch, 155 id. 401.) The rule has now been changed by statute so as to conform to the rule established by the Bankruptcy Act (Laws of 1914, chap. 360, adding to the Debtor and Creditor Law [Consol. Laws, chap. 12; Laws of 1909, chap. 17], § 13; 30 U. S. Stat. at Large, 562, § 63;…
2Cases cited2 opinions
- Rothschild v. . MackNew York Court of Appeals · 1889
- Willson v. ForeeNew York Supreme Court · 1810
3Cited by6 opinions
- Richard v. Credit SuisseNew York Court of Appeals · 1926
- Allen v. West Point-Pepperell, Inc.District Court, S.D. New York · 1995
- In re the Estate of TagliabueNew York Surrogate's Court · 1924
- Marin v. Francisca Reyes, Inc.New York Supreme Court · 1931
- Morgan Munitions Supply Co. v. Studebaker Corp.Appellate Division of the Supreme Court of the State of New York · 1917
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