Legal Opinion

First Citizens Bank & Trust Co. of Utica v. Martin

Court of Appeals for the Second Circuit

Decided April 6, 1936No. 261PublishedCited by 11 opinions

1Opinion of the Court

MANTON, Circuit Judge.

The question for consideration is whether a bank may set off debts owed to it by a corporation against a deposit made by the debtor after the filing but before the approval of a petition for reorganization under section 77B of the Bankruptcy Act (June 7, 1934, c. 424, § 1, 48 Stat. 912, as amended Aug. 20, 1935, c. 577, 49 Stat. 664, Aug. 29, 1935, 49 Stat. 965, 11 U.S. C.A. § 207).

The appellant owned $276,000 of the debtor’s second mortgage bonds and held its notes for $81,900. By reason of a prior agreement it was represented on the debt- or’s board of directors. On…

2Cases cited14 opinions

  1. Isaacs v. Hobbs Tie & Timber Co.Supreme Court of the United States · 1931
  2. Straton v. NewSupreme Court of the United States · 1931
  3. Acme Harvester Co. v. Beekman Lumber Co.Supreme Court of the United States · 1912
  4. May v. HendersonSupreme Court of the United States · 1925
  5. Gross v. Irving Trust Co.Supreme Court of the United States · 1933

9 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Lowden v. Northwestern Nat. Bank & Trust Co.Court of Appeals for the Eighth Circuit · 1936
  2. In Re Susquehanna Chemical CorporationDistrict Court, W.D. Pennsylvania · 1949
  3. Nelson v. First National Bank & Trust Co. (In Re Nelson)United States Bankruptcy Court, D. Kansas · 1980
  4. In re AdamsonCourt of Appeals for the Second Circuit · 1936
  5. In re Long Island Properties, Inc.District Court, S.D. New York · 1941

6 more not listed; retrieve them via the Exa API.

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