Willing v. Binenstock, 302 U.S. 272 (1937)
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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.
Willing v. Binenstock, 302 U.S. 272 (1937)
Willing v. Binenstock No. 36 Argued November 17, 1937 Decided December 6, 1937 302 U.S. 272
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE THIRD CIRCUIT
Syllabus
1. In Pennsylvania, deposits to the credit of individual members of a partnership in an insolvent bank may be set off against an obligation of the partnership to the bank. P. 274.
2. Nothing in the National Banking Act or in any other federal statute conflicts with the application of this rule in the liquidation of an insolvent national bank in Pennsylvania. P. 276.
3. A federal court will lean towards agreement with the courts of the state when the question seems balanced with doubt. P. 275.
4. A depositor in an insolvent national bank is not entitled to set off his deposit against a secondary liability as indorser of a note the maker of which is solvent. P. 276.
5. Where the facts disclosed by the record are insufficient to enable this Court to dispose of a substantial question, the case may be remanded to the district court for further consideration of the question, with authority, in its discretion, to take further evidence to that end. P. 277.
88 F.2d 474 affirmed in part, reversed in part.
Certiorari, 301 U.S. 678, to review a decree affirming a decree, 18 F.Supp. 262, in favor of the claimants in a suit against the receiver of a national bank.
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Chicago: U.S. Supreme Court, "Syllabus," Willing v. Binenstock, 302 U.S. 272 (1937) in 302 U.S. 272 Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=FUEJUWNFZIWLJAY.
MLA: U.S. Supreme Court. "Syllabus." Willing v. Binenstock, 302 U.S. 272 (1937), in 302 U.S. 272, Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=FUEJUWNFZIWLJAY.
Harvard: U.S. Supreme Court, 'Syllabus' in Willing v. Binenstock, 302 U.S. 272 (1937). cited in 1937, 302 U.S. 272. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=FUEJUWNFZIWLJAY.
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