In re Busby
District Court, M.D. Pennsylvania
In Bankruptcy. Exceptions to report of referee.
1Opinion of the Court
ARCHBALD, District Judge.
At the time a debt is created the creditor has the right to dictate the terms on which he will part with his money or property, and may therefore demand that he shall first be secured to such an extent as satisfies him. With this the bankruptcy law does not undertake to interfere, the creditor being allowed to retain without question whatever advantage he has acquired thereby. Bankr. Act, § 57, cls. e, h (Act July 1, 1898, c. 541, 30 Stat. 560 [U. S. Comp. St. 1901, p. 3443]). But, when a debt is once contracted, payment on account, or the transfer of property for the…
2Cases cited1 opinion
- Pirie v. Chicago Title & Trust Co.Supreme Court of the United States · 1901
3Cited by6 opinions
- Wilder v. WattsDistrict Court, D. South Carolina · 1905
- In re Federal Biscuit Co.Court of Appeals for the Second Circuit · 1914
- Sullivan v. MyerTennessee Supreme Court · 1916
- Higgins v. BrainardCalifornia Supreme Court · 1932
- In re BartlettDistrict Court, M.D. Pennsylvania · 1909
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