IN RE BROCKTON SHOE MFG. CO.

No. 53603.

8 F.Supp. 959 (1934)

In re BROCKTON SHOE MFG. CO., Inc.

District Court, D. Massachusetts.

November 21, 1934.


Attorney(s) appearing for the Case

Lee M. Friedman, of Boston, Mass., for trustee in bankruptcy.

John R. Wheatley, of Brockton, Mass., for Brockton, Nat. Bank.


McLELLAN, District Judge.

The question here presented is whether a bank, which had originally the right to apply the amount of a deposit on the depositor's debt, lost it in consequence of the doctrine of waiver, estoppel, or election.

The facts, taken from the referee's admirable memorandum of decision and certificate, presented in a somewhat different order than there stated, are substantially and chronologically as follows:

In April, 1932, one Lee...

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