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WILLING V. BINENSTOCK, 302 U. S. 272 (1937)

U.S. Supreme Court

Willing v. Binenstock, 302 U.S. 272 (1937)

Willing v. Binenstock

No. 36

Argued November 17, 1937

Decided December 6, 1937

302 U.S. 272


1. In Pennsylvania, deposits to the credit of individual members of a partnership in an insolvent bank may be set off against an obligation of the partnership to the bank. P. 302 U. S. 274.

2. Nothing in the National Banking Act or in any other federal statute conflicts with the application of this rule in the liquidation of an insolvent national bank in Pennsylvania. P. 302 U. S. 276.

3. A federal court will lean towards agreement with the courts of the state when the question seems balanced with doubt. P. 302 U. S. 275.

4. A depositor in an insolvent national bank is not entitled to set off his deposit against a secondary liability as indorser of a note the maker of which is solvent. P. 302 U. S. 276.

5. Where the facts disclosed by the record are insufficient to enable this Court to dispose of a substantial question, the case may be remanded to the district court for further consideration of the question, with authority, in its discretion, to take further evidence to that end. P. 302 U. S. 277.

88 F.2d 474 affirmed in part, reversed in part.

Certiorari, 301 U.S. 678, to review a decree affirming a decree, 18 F.Supp. 262, in favor of the claimants in a suit against the receiver of a national bank.

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