Libby v. Hopkins
Supreme Court of the United States
Error to the Supreme Court of the State of Ohio. The suit was brought in the Superior Court of Cincinnati by A. T. Stewart & Co., of which firm the plaintiffs in error are the survivors, against Lewis C. Hopkins and wife, and Isaac M. Jordan, trustee in bankruptcy of Hopkins.
Read the full summary
Error to the Supreme Court of the State of Ohio. The suit was brought in the Superior Court of Cincinnati by A. T. Stewart & Co., of which firm the plaintiffs in error are the survivors, against Lewis C. Hopkins and wife, and Isaac M. Jordan, trustee in bankruptcy of Hopkins. It appears from the record that A. T. Stewart & Co., merchants, of the city of New York, loaned, June 6, 1866, Hopkins, a merchant of Cincinnati, Ohio, $100,000, and took his promissory note of that date therefor, payable on demand with interest from date, to secure the payment of which he executed and delivered to them…
1Opinion of the CourtJustice Woods
The only question to which our attention is directed by the plaintiffs is that of set-off under the twentieth section of the act of March 2, 1867, c. 176 (14 Stat. 517), which.is as follows: “ In all cases of mutual debts or mutual credits between the parties, the account between them shall be stated, and one debt set off against the other, and the balance only shall be allowed or paid, but no set-off shall be allowed of a claim in its nature not provable against the estate: Provided, that no set-off shall be allowed in favor of any debtor to the bankrupt of a claim purchased by or…
2Cases cited2 opinions
- Bank of the Republic v. MillardSupreme Court of the United States · 1870
- Scammon v. KimballSupreme Court of the United States · 1876
3Cited by104 opinions
- Cumberland Glass Manufacturing Co. v. De Witt & Co.Supreme Court of the United States · 1915
- In re Interborough Consol. Corp.Court of Appeals for the Second Circuit · 1923
- The People v. . the City Bank of RochesterNew York Court of Appeals · 1884
- Western Tie & Timber Co. v. BrownSupreme Court of the United States · 1905
- Beecher v. Peter A. Vogt Manufacturing Co.New York Court of Appeals · 1920
99 more not listed; retrieve them via the Exa API.