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NATIONAL BANK OF COMMERCE v. DOWNIE

Nos. 31, 32.

218 U.S. 345 (1910)

31 S.Ct. 89

54 L.Ed. 1065

NATIONAL BANK OF COMMERCE v. DOWNIE, TRUSTEE. SEATTLE NATIONAL BANK v. SAME.

Supreme Court of United States.

Decided November 28, 1910.

Attorney(s) appearing for the Case

Mr. George E. De Steiguer, with whom Mr. Frederick Bausman and Mr. Daniel Kelleher were on the brief, for appellants.

Mr. J.E. Horan, with whom Mr. H.D. Cooley, Mr. W.A. Peters, Mr. J.H. Powell and Mr. Harold Preston were on the brief, for appellees.

MR. JUSTICE HARLAN delivered the opinion of the court.

There is no dispute as to the facts out of which the present controversy has arisen. Substantially the facts are these: On the sixteenth day of April, 1907, the appellee Downie was appointed receiver of the property of Gamwell & Wheeler, partners, who had previously, on the same day, been adjudged bankrupts. Subsequently he was elected and qualified as permanent trustee...

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