In re McCaulley

W.D. Washington

In re McCaulley

19 F.2d 791, 1927 U.S. Dist. LEXIS 1192

CourtDistrict Court, W.D. Washington

DecidedMay 17, 1927

DocketNo. 7722

StatusPublished

This text of 19 F.2d 791 (In re McCaulley) is published on Counsel Stack Legal Research, covering District Court, W.D. Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re McCaulley, 19 F.2d 791, 1927 U.S. Dist. LEXIS 1192 (W.D. Wash. 1927).

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Opinion

NETERER, District Judge.

The status of the parties was fixed as to existing indebtedness on the date of adjudication. A creditor, being inadvertently omitted from the schedule, does not gain any legal right 'thereby. When the schedule was amended on January 3 following, it related back to the date of adjudication. The credit from November 3 to November 14 was a new relation. The payment of the- $50 on the last-named date should be applied to the new account, $19, and the balance, $31, in the absence of direction as to application, was rightfully applied to the old account. The payment of the $35 on the 28th of November should be credited to the new account for merchandise purchased subsequent to November 14.

The decision of the referee is modified, as herein stated, and an order may be presented accordingly..

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NETERER, District Judge.

The status of the parties was fixed as to existing indebtedness on the date of adjudication. A creditor, being inadvertently omitted from the schedule, does not gain any legal right 'thereby. When the schedule was amended on January 3 following, it related back to the date of adjudication. The credit from November 3 to November 14 was a new relation. The payment of the- $50 on the last-named date should be applied to the new account, $19, and the balance, $31, in the absence of direction as to application, was rightfully applied to the old account. The payment of the $35 on the 28th of November should be credited to the new account for merchandise purchased subsequent to November 14.

The decision of the referee is modified, as herein stated, and an order may be presented accordingly..

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Bluebook (online)

19 F.2d 791, 1927 U.S. Dist. LEXIS 1192, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-mccaulley-wawd-1927.