Dickson v. Wyman

Citations

• 111 F. 726
• 55 L.R.A. 349
• 1901 U.S. App. LEXIS 4424

Syllabus

<p>1. Bankruptcy—Provable Claims—Surrender of Preferences.</p> <p>A creditor who received payments made him by a debtor while insolvent is required by Bankr. Act. 1898, § 57g, to surrender the same before he can prove any claim against the estate; and it is immaterial that such payments were made and received in good faith, in the usual course of business, without intention on the part of the debtor to give a preference, or reasonable cause on the part of the creditor to believe the debtor insolvent. It is also immaterial that the payments were made on different debts from those sought to be proved. Pirie v. Trust Co., 21 Sup. Ct. 906, 182 U. S. 428, 45 L. Ed. 1171, applied.</p> <p>2. Same—Effect of Giving New Credits.</p> <p>Bankr. Act 1898, § 57g, providing that “the claims of creditors who have received preferences shall not be allowed unless such creditors shall surrender their preferences,” will not he so construed as to require a creditor to surrender partial payments received by him on account in the usual course of business, where the transactions covered by the account between them, taken together, resulted in increasing the net indebtedness to the creditor, and correspondingly increasing the bankrupt’s estate.</p> <p>8. Same—Orders Allowing or Rejecting Claims—Mode of Review.</p> <p>The proper procedure for the review of an order of a court of bankruptcy allowing or rejecting a claim exceeding $500 is by appeal, and not by petition for review.</p> <p>4. Same—Costs in Appellate Court.</p> <p>Where proceedings for the review of an order of a court of bankruptcy are dismissed by the appellate court for want of jurisdiction, withoirt any motion therefor, neither party will be allowed costs.</p> <p>5. Same.</p> <p>On an appeal against a trustee from an order in bankruptcy, where such order is reversed on a ground not assigned or urged by appellant, costs will not be allowed to either party.</p>