Perry Naval Stores Co. v. Caswell

Citations

• 63 Fla. 552

Syllabus

<p>1. Where a creditor of a bankrupt has notice or actual knowledge of the bankruptcy proceedings in time to prove his claim in due course, the claim will be discharged by the bankruptcy proceedings even though the creditor was not designated as a creditor in the bankruptcy proceedings and his claim was not scheduled.</p> <p>2. The knowledge acquired by the president, directors, cashier and tellers while engaged in the business of the bank in their official capacities, will be notice to the bank. So far as either has authority to act for the bank, his acts are the acts of the bank; but mere private information obtained beyond the range of his official functions will not be deemed notice to the bank.</p> <p>3. Where the cashier of a bank as such has actual knowledge of bankruptcy proceedings as to property of a debtor of the bank, sueb knowledge will bind the bank in its rights affected by the bankruptcy proceedings.</p>