Hanover National Bank v. Suddath (No. 2), 215 U.S. 122 (1909)

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Hanover National Bank of New York v. Suddath (No. 2)


No. 13


Argued April 20, 1909
Decided November 29, 1909
215 U.S. 122

APPEAL FROM THE CIRCUIT COURT OF
APPEALS FOR THE SECOND CIRCUIT

Syllabus

Where a bank, after refusing to discount paper sent to it by the insolvent for that purpose, has retained the paper, it cannot, as against general creditors, set off against that paper, or its proceeds, the bankrupt’s overdraft, although made after such refusal and pending the retention of the paper.

153 F. 1022 affirmed.

The facts are stated in the opinion.