229 U.S. 523 (1913), 899, Studley v. Boylston National Bank
|Docket Nº:||No. 899|
|Citation:||229 U.S. 523, 33 S.Ct. 806, 57 L.Ed. 1313|
|Party Name:||Studley v. Boylston National Bank|
|Case Date:||June 09, 1913|
|Court:||United States Supreme Court|
Argued April 14, 1913
APPEAL FROM THE CIRCUIT COURT OF APPEALS
FOR THE FIRST CIRCUIT
Nothing in the Bankruptcy Act deprives a bank with which the insolvent is doing business of the rights of any other creditor taking money without reasonable cause to believe that a preference will result.
In this case, it having been found that the deposits and payments of notes were not made to enable the bank to secure a preference by the right of setoff, the bank had a right under its agreement to set off the deposits against the notes within four months of the bankruptcy. New York County Bank v. Massey, 192 U.S. 138.
Section 68a of the Bankruptcy Act did not create the right of setoff, but recognized its existence and provided a method for its enforcement even after bankruptcy.
The right of setoff is recognized by the Bankruptcy Act, and it cannot be taken away by construction because of possibility of its abuse; nor will the act be so construed by denying such right as to make banks hesitate to carry on business, and thus produce evils of serious consequence.
200 F. 249 affirmed.
The facts, which involve the right of a bank to accept in good faith payments from an insolvent, are stated in the opinion.
LAMAR, J., lead opinion
[33 S.Ct. 807] MR. JUSTICE LAMAR delivered the opinion of the Court.
The Collver Tours Company was engaged in the business of conducting touring parties around the world, charging
a lump sum for the tickets, which were paid for in advance. It had expended about $40,000 in advertising, which it carried on its books as an asset, and since the character of its business did not involve the possession of tangible property, it had nothing except cash on hand, goodwill and its earning capacity as a means of paying debts.
In 1907, the company opened an account with the Boylston National Bank, with which it subsequently did all of its banking business of depositing, checking, and borrowing. It notified the bank in 1909 that it had no other liabilities except what was due to the bank, and it was given a line of credit of $25,000. It borrowed that sum on the promise to repay it that year; but as it used a part of its funds to open a letter of credit account in the bank, it was permitted to renew the notes. In December, 1909, it made a statement to the Massachusetts Corporation Commission which showed that the company did not have assets sufficient to pay its liabilities, and an officer of the bank saw this statement, but the representative of the Collver Company went over the matter with the bank officers, made an explanation, and borrowed an additional sum of $5,000 in the spring or summer of 1910. During the year 1910, the debt of $25,000 was reduced to $10,000 went back to $25,000, was reduced again to $15,000, and increased to $30,000, the Collver Company making to the bank encouraging statements of its prospects and of an anticipated large...
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