Mays v. Manufacturers' National Bank
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia: No. 93, of July Term 1869. This was an action of assumpsit, brought by Samuel V. Mays and Charles W. Hornor, assignees in bankruptcy of August Born, against The Manufacturers’ National Bank of Philadelphia. On the 31st of January 1868, a petition by a creditor was filed in the District Court of the United States for the Eastern District of Pennsylvania, asking that Born be declared a bankrupt.
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Error to the District Court of Philadelphia: No. 93, of July Term 1869. This was an action of assumpsit, brought by Samuel V. Mays and Charles W. Hornor, assignees in bankruptcy of August Born, against The Manufacturers’ National Bank of Philadelphia. On the 31st of January 1868, a petition by a creditor was filed in the District Court of the United States for the Eastern District of Pennsylvania, asking that Born be declared a bankrupt. In an issue, a jury found that he was a bankrupt, and on the 26th of February 1868 he was so adjudged. Due publication of the adjudication was made in…
1Opinion of the Court
The opinion of the court was delivered,
by Sharswood, J.
— The counsel for the parties, with all their learning and research, have not been able to produce any decision upon the question, whether where the debtor of a bankrupt, in good faith and without knowledge or notice of the proceedings against him, pays him a debt, he can be compelled to pay it over *76again to the assignee ? The reason may he that the language of all bankrupt laws, previous to the Act of Congress of March 2d 1867, was such as to preclude the question from arising. In England, by the statute 13 Eliz. c. 7, the property of…
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