Union Nat. Bank of Chicago v. McKey

Seventh Circuit

Union Nat. Bank of Chicago v. McKey

102 F. 662, 42 C.C.A. 583, 1900 U.S. App. LEXIS 4589

Court of Appeals for the Seventh Circuit·Decided June 21, 1900·No. No. 610·Published·Cited by 4 cases

Opinion

BEIi CURIAM.

The decision below was contrary to the principles enunciated by this court in the case of Oil Co. v. Hawkins, 46 U. S. App. 115, 20 C. C. A. 468, 74 Fed. 305. It was not necessary that the bank should have offered to surrender the note in its possession to (lie trustee, or should hare brought it into court for cancellation. The clerk will certify to the district court direction to set aside the orders sustaining exceptions to the1 report of the referee and dismissing the petition, and to enter an order granting the relief prayed for. There shall be no recovery of costs in either court.

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BEIi CURIAM.

The decision below was contrary to the principles enunciated by this court in the case of Oil Co. v. Hawkins, 46 U. S. App. 115, 20 C. C. A. 468, 74 Fed. 305. It was not necessary that the bank should have offered to surrender the note in its possession to (lie trustee, or should hare brought it into court for cancellation. The clerk will certify to the district court direction to set aside the orders sustaining exceptions to the1 report of the referee and dismissing the petition, and to enter an order granting the relief prayed for. There shall be no recovery of costs in either court.

Union Nat. Bank of Chicago v. McKey, 102 F. 662, 42 C.C.A. 583, 1900 U.S. App. LEXIS 4589 (7th Cir. 1900).

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