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NATIONAL BANK v. WARREN

96 U.S. 539 (1877)

NATIONAL BANK v. WARREN.

Supreme Court of United States.

Attorney(s) appearing for the Case

Mr. A.J. Vanderpoel for the appellant.

Mr. Austen G. Fox. contra.

MR. JUSTICE HUNT, after stating the case, delivered the opinion of the court.

This action goes upon the theory that the mere non-resistance of a debtor to judicial proceedings against him, when the debt is due and there is no valid defence to it, is the suffering and giving a preference under the Bankrupt Act. This theory is expressly repudiated in the case of Wilson v. City Bank, 17 Wall. 473. It is also held in that case...

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