National Bank v. Warren
Supreme Court of the United States
Appeal from the Circuit Court of the United States for the Southern District of New York. The Tenth National Bank of New-York, having an uúdisputed debt against the firm of Sanger & Co., of about' $10,000, endeavored to obtain its money by persuasion, but received only fair words in return.
Read the full summary
Appeal from the Circuit Court of the United States for the Southern District of New York. The Tenth National Bank of New-York, having an uúdisputed debt against the firm of Sanger & Co., of about' $10,000, endeavored to obtain its money by persuasion, but received only fair words in return. After pursuing this policy for several months, it brought suit against the debtors, Nov. 3, 1870. They received delay and indulgence in its prosecution, and judgment was rendered against them oñ the 12th of January, 1871. Execution was issued on that day, and a levy made upon their property: Yielding again…
1Opinion of the CourtJustice Hunt
This action goes upon the theory that the mere non-resistance of a debtor to judicial proceedings against him, when the debt is due and there is no valid defence to it,-is the suffering and giving a preference under the Bankrupt Act. This theory is expressly repudiated in the .case of Wilson v. City Bank, 17 Wall. 473. It is also held- in that case that the facts that the debtor does not hiinself file the petition in bankruptcy under such circumstances, and that the creditor was aware of the insolvency of the debtor, do not avoid the judgment and execution. In the present case, there is hot…
2Cases cited1 opinion
- Wilson v. City BankSupreme Court of the United States · 1873
3Cited by14 opinions
- James v. Germania Iron Co.Court of Appeals for the Eighth Circuit · 1901
- Wilson v. NelsonSupreme Court of the United States · 1901
- Lopez v. . CampbellNew York Court of Appeals · 1900
- Erie Coal & Coke Corp. v. United StatesSupreme Court of the United States · 1925
- Sartwell v. NorthMassachusetts Supreme Judicial Court · 1887
9 more not listed; retrieve them via the Exa API.