In re Salmon
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. In the matter of Charles Salmon, bankrupt. From an order (239 Fed. 413) sustaining an order of the referee, expunging the claim, the estate of Hamilton H. Salmon appeals. This cause comes here on appeal from, an order made by the District Court of the United States for the Southern District of New York.
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Appeal from the District Court of the United States for the Southern District of New York. In the matter of Charles Salmon, bankrupt. From an order (239 Fed. 413) sustaining an order of the referee, expunging the claim, the estate of Hamilton H. Salmon appeals. This cause comes here on appeal from, an order made by the District Court of the United States for the Southern District of New York. The facts are as follows: ' The bankrupt, on January 27, 1916, made a payment on account by giving the note of one Bernstein to his order and indorsed by him to the estate of Hamilton H. Salmon, in the…
1Opinion of the CourtRogers, Circuit Judge
(after stating the facts as above). [1] The question presented is whether a payment, made by one who knows he is insolvent at the time, and which he directs to be applied to his credit, and which is made to one who has no knowledge of the insolvency of the payor, takes the debt out of the statute of limitations, so that it can come in and share in the assets in the bankruptcy court pari passu with the other claims. We are satisfied that the question must be answered in the affirmative.
A statute of limitations does not extinguish a debt. It goes to the remedy, and not to the cause of action.…
2Cases cited3 opinions
- Campbell v. HoltSupreme Court of the United States · 1885
- Hulbert v. . ClarkNew York Court of Appeals · 1891
- Lawrence v. HarringtonNew York Supreme Court · 1888
3Cited by12 opinions
- Mulligan v. HiltonMassachusetts Supreme Judicial Court · 1940
- Doscher v. GarvinCourt of Appeals for the Second Circuit · 1924
- Gilbert v. SelleckSupreme Court of Connecticut · 1919
- Cate v. Certainteed Products Corp.California Supreme Court · 1943
- Central Hanover Bank & Trust Co. v. United Traction Co.Court of Appeals for the Second Circuit · 1938
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