Wooden v. Reese

Citations

• 77 Pa. Super. 162
• 1921 Pa. Super. LEXIS 230

Syllabus

<p>Bes adjudicata — Bankruptcy — Proof of claim — Becovery of special fund.</p> <p>It is the essence of the doctrine of res adjudicata that the proposition, respecting which it is invoked, must have been adjudicated either expressly or by necessary implication.</p> <p>Proof and allowance of a claim in bankruptcy is not such a judicial determination of the rights of the parties, as to estop the bankrupt’s trustee from afterwards suing the creditor to avoid a preference, or to recover property which had been deposited upon a special trust.</p> <p>Where a debtor pays his creditor a sum of money for a specific purpose, and the creditor fails to apply it to that purpose, the trustee in bankruptcy of the debtor may recover the sum thus paid, even though in the meantime the creditor has proved a claim against the bankrupts estate and received dividends thereon.</p>