New York County National Bank v. Massey, 192 U.S. 138 (1901)

Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 192 U.S. 129, click here.

New York County National Bank v. Massey


No. 90


Argued December 11, 1903
Decided January 4, 1901
192 U.S. 138

APPEAL FROM THE CIRCUIT COURT
OF APPEALS FOR THE SECOND CIRCUIT

Syllabus

The balance of a regular bank account at the time of filing the petition is a debt due to the bankrupt from the bank, and, in the absence of fraud or collusion between the bank and the bankrupt with the view of creating a preferential transfer, the bank need not surrender such balance, but may set it off against notes of the bankrupt held by it and prove its claim for the amount remaining due on the notes. Pirie v. Chicago Title & Trust Co., 182 U.S. 438, distinguished.

The facts are stated in the opinion.