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TYLER v. MARINE MIDLAND TRUST CO. OF NEW YORK

No. 251.

128 F.2d 927 (1942)

TYLER v. MARINE MIDLAND TRUST CO. OF NEW YORK.

Circuit Court of Appeals, Second Circuit.

June 8, 1942.

Attorney(s) appearing for the Case

Edgar E. Harrison, of New York City (Van Vorst, Siegel & Smith, of New York City, on the brief), for appellant.

John F. Dooling, Jr., of New York City (Sullivan & Cromwell and James B. Hoffman, all of New York City, on the brief), for appellee.

Before AUGUSTUS N. HAND, CHASE, and CLARK, Circuit Judges.

CLARK, Circuit Judge.

The questions for decision in this case are whether a creditor holding an unmatured note may exercise a right of setoff while the debtor is in a proceeding for an arrangement, Bankruptcy Act, Chapter XI, 11 U.S.C.A. § 701 et seq., and if so, whether the validity of the setoff is affected by a dismissal of this proceeding followed immediately by a proceeding for reorganization, Bankruptcy Act, Chapter X, 11 U.S.C.A. § 501 et seq. Both...

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