Hutchinson v. Otis, 190 U.S. 552 (1903)

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Hutchinson v. Otis


No. 634


Submitted May 4, 1903
Decided June 1, 1903
190 U.S. 552

APPEAL FROM THE CIRCUIT COURT OF
APPEALS FOR THE FIRST CIRCUIT

Syllabus

A creditor obtained attachments against one who, within four months thereafter, was adjudged a bankrupt, and attached debts which, upon entry of judgments, were paid over to the attaching creditor, who thereupon satisfied the judgments, guaranteeing the garnishees against loss. The trustee in bankruptcy demanded payment of the debts from the garnishees, and, under its guarantee, the creditor who had collected them paid the amount over.

Held that the action of the trustee undid the satisfaction of record of the judgments, and they were not a bar which would prevent the creditor from proving its claim against the estate in the hands of the trustee.

The case is stated in the opinion of the court.