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May v. Henderson, 268 U.S. 111 (1925)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
May v. Henderson, 268 U.S. 111 (1925)
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May v. Henderson No. 126 Argued March 5, 1925 Decided April 13, 1925 268 U.S. 111
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE NINTH CIRCUIT
Syllabus
Within four months prior to the filing of the petition in bankruptcy against it, the bankrupt made a general assignment for the benefit of creditors to two trustees, one of whom, H., was the president of a bank to which the assignor was then indebted on a promissory note, and with which it carried a deposit account. The account was transferred, after the assignment, to the names of the trustees, as such, and afterwards augmented by deposits of money collected by them in carrying on the assignor’s business. Partly before the date of the bankruptcy petition and partly thereafter, H., having control of the account, caused it to be applied to the note, with the tacit consent of the other assignee. The bank, as well as the assignees, had executed the creditors’ agreement under which the assignment was made, providing for a pro rata distribution among all creditors and expressly extending the time of payment of all indebtedness of the assignor for the period of one year. Held, that the assignees were properly directed by the Bankruptcy Court, in a summary proceeding, to pay over to the trustee in bankruptcy an amount equal to the deposits, including the part paid the bank before the filing of the petition as well as the part paid thereafter. P. 115.
289 F. 192 reversed.
Certiorari to a judgment of the circuit court of appeals, on petition to revise, reversing a judgment entered by the district court summarily in a bankruptcy proceeding which required the present respondents to pay over a sum of money to the trustee in bankruptcy.
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Chicago: U.S. Supreme Court, "Syllabus," May v. Henderson, 268 U.S. 111 (1925) in 268 U.S. 111 268 U.S. 112. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=2K4NLSBTDQL1QTU.
MLA: U.S. Supreme Court. "Syllabus." May v. Henderson, 268 U.S. 111 (1925), in 268 U.S. 111, page 268 U.S. 112. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=2K4NLSBTDQL1QTU.
Harvard: U.S. Supreme Court, 'Syllabus' in May v. Henderson, 268 U.S. 111 (1925). cited in 1925, 268 U.S. 111, pp.268 U.S. 112. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=2K4NLSBTDQL1QTU.
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