AMERICAN SURETY CO. v. SAMPSELL

No. 142.

327 U.S. 269 (1946)

AMERICAN SURETY CO. OF NEW YORK v. SAMPSELL, TRUSTEE IN BANKRUPTCY.

Supreme Court of United States.

Decided February 25, 1946.


Attorney(s) appearing for the Case

Homer Cummings argued the cause for petitioner. With him on the brief were Carl McFarland and Gordon F. Hampton.

Martin Gendel argued the cause for respondent. With him on the brief was Thomas S. Tobin.


MR. JUSTICE BLACK delivered the opinion of the Court.

This case raises questions concerning the equitable power of a federal bankruptcy court to subordinate claims of some creditors to those of others. The creditors are a surety entitled to subrogation for payments upon its surety bond and laborers and materialmen for whose benefit the bond was executed.

Stratton, now in bankruptcy, made certain alterations in factory...

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