U.S. Court of Appeals for the Fifth Circuit, 1906

First Nat. Bank v. Eason

U.S. Court of Appeals for the Fifth Circuit · Decided November 29, 1906 · McCormick, Pardee, Sherby

149 F. 204; 79 C.C.A. 162; 1906 U.S. App. LEXIS 4459

Counsel

Cone Johnson and Jas. M. Edwards, for appellant., 'Ben B. Cain and W. Frank Knox, for appellee.

Cases that cite this one

3 later published cases cite this decision.

Curtis v. Walpole Tire & Rubber Co. (District Court, D. Massachusetts 1914)
Hitner v. Diamond State Steel Co. (U.S. Circuit Court for the District of Delaware 1910)
In re Redmond (District Court, E.D. Pennsylvania 1936)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

The appellant has two obligations of the bánkrupt, one is on a note of $15,000, of which the bankrupt was maker, the other is on an indorsement on a forged note for $15,000, given as *205collateral to secure the first-mentioned note. The' appellant seeks to prove both obligations against the bankrupt’s estate. There was only-one consideration, really only one debt, and the appellant is entitled to only one satisfaction. The payment of either obligation would extinguish the other. The District Court held that the appellant could not prove both and thus establish a double liability against the bankrupt’s estate.

The decree appealed from is affirmed.

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