Bank of Commerce v. Brown
Court of Appeals for the Fourth Circuit
Appeal from the District Court of the United States for the Western District of South Carolina, at Greenville, in Bankruptcy; Joseph T. Johnson, Judge. In the matter of A. J. Dillard, bankrupt. From an order sustaining the objection of J. Hertz Brown, trustee, to the claim of the Bank of Commerce to certain security, the latter appeals.
1Opinion of the Court
KNAPP, Circuit Judge.
[1] The controlling question in this case lies within narrow limits. On December 2, 1915, the Bank of Commerce, appellant herein, held notes to the amount of about $1,500, signed or indorsed by A. J. Dillard, who was adjudicated bankrupt within four months thereafter. On the date named, the bank discounted Dillard’s note for $2,500, placing to his credit the proceeds, less what was due on the old notes, which were surrendered. To secure the payment of this note, Dillard gave the bank a note of the same amount, made by his son, S. B. Dillard, and one Bomar, which note was…
2Cases cited5 opinions
- Grant v. National BankSupreme Court of the United States · 1878
- Stucky v. Masonic Savings BankSupreme Court of the United States · 1883
- In re EggertCourt of Appeals for the Seventh Circuit · 1900
- Barbour v. PriestSupreme Court of the United States · 1881
- Sharpe v. AllenderCourt of Appeals for the Third Circuit · 1909
3Cited by4 opinions
- In re Klein Moffett Co.District Court, D. Maryland · 1928
- In re PingelDistrict Court, E.D. Michigan · 1922
- Doughty v. Rockingham Nat. BankDistrict Court, D. New Hampshire · 1933
- Marietta State Bank v. Morris County Nat. BankCourt of Appeals of Texas · 1924