In re Geiser

Citations

• 129 F. 237
• 1904 U.S. Dist. LEXIS 296

Syllabus

<p>1. Bankruptcy — Constables—Levy—Surplus—Payment.</p> <p>A constable, after having sold a debtor’s property on execution, returned tbe execution as satisfied, and alleged that be bad returned tbe surplus to tbe purchaser at tbe sale. The debtor having become bankrupt, bis trustee demanded such surplus. Tbe constable, on being cited to show cause why be should not pay tbe money, testified that be bad never received the same. Held, that if he sold the property on credit, or failed to collect the amount bid, be was prima facie liable for tbe surplus to tbe execution debtor, and was therefore properly adjudged to pay tbe same to tbe trustee.</p>