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United States Ex Rel. Wilhelm v. Chain, 300 U.S. 31 (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.
United States Ex Rel. Wilhelm v. Chain, 300 U.S. 31 (1937)
United States ex rel. Wilhelm v. Chain No. 335 Argued January 8, 1937 Decided February 1, 1937 300 U.S. 31
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE FOURTH CIRCUIT
Syllabus
1. A bond, with sureties, given by a national bank pursuant to the bankruptcy law and orders, to induce the appointment of the bank as a designated depository of bankruptcy funds, is not a mere offer, like a continuing guaranty of future performances revocable until something is done under it, but is a contract given upon present, adequate, and indivisible consideration -- i.e., the designation of the bank as depository -- which becomes binding when delivered to and approved by the bankruptcy court. P. 32.
2. The obligation of a surety on such a bond, in the absence of any stipulation to the contrary, survives his death, and binds his personal representative for defaults committed by the depository after the death in respect of deposits made after the death. P. 34.
84 F.2d 138 reversed; District Court affirmed.
Certiorari, 299 U.S. 531, to review the reversal of a judgment recovered by a Trustee in Bankruptcy against the executrix of a deceased surety on the bond given by the bank as a depository of funds of bankrupt estates.
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Chicago: U.S. Supreme Court, "Syllabus," United States Ex Rel. Wilhelm v. Chain, 300 U.S. 31 (1937) in 300 U.S. 31 Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=H245F476MSMIA5U.
MLA: U.S. Supreme Court. "Syllabus." United States Ex Rel. Wilhelm v. Chain, 300 U.S. 31 (1937), in 300 U.S. 31, Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=H245F476MSMIA5U.
Harvard: U.S. Supreme Court, 'Syllabus' in United States Ex Rel. Wilhelm v. Chain, 300 U.S. 31 (1937). cited in 1937, 300 U.S. 31. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=H245F476MSMIA5U.
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