IN RE VANTINE'S RETAIL STORES, INC.


43 F.2d 870 (1930)

In re VANTINE'S RETAIL STORES, Inc.

District Court, S. D. New York.

June 19, 1930.


Attorney(s) appearing for the Case

David W. Kahn, of New York City, for trustee.

Rushmore, Bisbee & Stern, of New York City, for Chase Nat. Bank.


FRANK J. COLEMAN, District Judge.

The question presented is whether the bank had a right to offset against the balance standing to the credit of the bankrupt's deposit account, an indebtedness owed by the bankrupt to the bank at the time of the filing of the petition. The indebtedness to the bank is undisputed, but the trustee claims that a judgment creditor of the bankrupt had previously acquired a lien upon the deposit which prevents the offset.

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