Supreme Court of the United States, 1904

Yaple v. Dahl-Millikan Grocery Co.

Supreme Court of the United States · Decided April 4, 1904 · The Chief Justice: Two Questions Are Propounded by This Certificate

193 U.S. 526; 24 S. Ct. 552; 48 L. Ed. 776; 1904 U.S. LEXIS 893 (United States Reports)

Counsel

Mr. W. T. McClintick for appellant,, There was no appearance or brief for the appellee.

Cases that cite this one

25 later published cases cite this decision. The 24 that cite it most often are listed here.

Waldschmidt v. Ranier (In re Fulghum Construction Co.) (United States Bankruptcy Court, M.D. Tennessee 1980)
Wolinsky v. Central Vermont Teachers Credit Union (In re Ford) (United States Bankruptcy Court, D. Vermont 1989)
Cooper Petroleum Co. v. Hart (5th Cir. 1967)
In re Harry R. Phillips Co. (District Court, M.D. Pennsylvania 1928)
In re Frigitemp Corporation (2d Cir. 1985)
Bernstein v. Alpha Associates, Inc. (2d Cir. 1985)
In re Fulghum Construction Corp. (District Court, M.D. Tennessee 1981)
Campanella v. Liebowitz (3d Cir. 1939)
Bernstein v. Alpha Associates, Inc. (In re Frigitemp Corp.) (District Court, S.D. New York 1983)
Thomas W. Garland, Inc. v. Union Electric Co. (In re Thomas W. Garland, Inc.) (United States Bankruptcy Court, E.D. Missouri 1982)
In re Stewart (District Court, D. Oregon 1964)
Engstrom v. Wiley (9th Cir. 1951)
Willcox v. Goess (2d Cir. 1937)
In re Fred Stern & Co. (2d Cir. 1931)
Federal International Banking Co. v. Childs (2d Cir. 1931)
Talty v. Rosenthal (District Court, D. Massachusetts 1926)
Talty v. Ross (District Court, D. Massachusetts 1926)
State Ex Rel. Wagner v. Gilbane Bldg. Co. (Neb. 2008)
Covington v. Airborne Express, Inc., Unpublished Decision (12-21-2004) (Ohio Ct. App. 2004)
Pettigrew v. Trust Co. Bank (In re Bishop) (United States Bankruptcy Court, N.D. Georgia 1982)
In re Farmers' Store & Supply Co. (District Court, N.D. West Virginia 1914)
In re Peacock (U.S. Circuit Court for the District of Eastern North Carolina 1910)
Mills v. J. H. Fisher & Co. (6th Cir. 1908)
Joseph Wild & Co. v. Provident Life & Trust Co. (Supreme Court of the United States 1909)

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

*527 The Chief Justice:

Two questions are propounded by this certificate, namely:

“1. Where a creditor has a claim for a balance due against an insolvent debtor afterwards adjudicated a bankrupt, upon an open account for goods sold and delivered four months before the adjudication in bankruptcy, and during said period makes a number of sales of merchandise on credit to the insolvent debtor, which becomes a part of the debtor’s estate, and during the same period receives payments of sums on account, from time to time, which payments are received in good faith without knowledge of the debtor’s insolvency on the part of the creditor, the sales exceeding in amount during said period the payments made during the same time, has the creditor under such circumstances received a preference which he is obliged to surrender before his claim shall be allowed under the bankrupt act?

“2. If each of such payments is a preference under the act is it to be set off under section 60c of the act by deducting subsequent sales therefrom, carrying forward to the next payment any excess of preferences, but not of sales, treating any excess of preferences as thus ascertained as a sum to be surrendered before the allowance of the creditor’s claim?”

The first question is answered in the negative on the authority of Jaquith v. Alden, 189 U. S. 78; and the second need not be answered.

Certified accordingly.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.