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BANK OF MARIN v. ENGLAND

No. 63.

385 U.S. 99 (1966)

87 S.Ct. 274

17 L.Ed.2d 197

BANK OF MARIN v. ENGLAND, TRUSTEE IN BANKRUPTCY.

Supreme Court of United States.

Decided November 21, 1966.

Attorney(s) appearing for the Case

Edgar B. Washburn argued the cause for petitioner. With him on the briefs were Carlos R. Freitas and Bryan R. McCarthy.

Thomas B. Donovan argued the cause for respondent. With him on the brief was John Walton Dinkelspiel.

John P. Austin filed a brief for the California Bankers Association, as amicus curiae, urging reversal.

MR. JUSTICE DOUGLAS delivered the opinion of the Court.

The question presented by this case is whether a bank which honored checks of a depositor drawn before its bankruptcy but presented for payment after it had filed a voluntary petition in bankruptcy, is liable to the trustee for the amount of the checks paid where the bank had no knowledge or notice of the proceeding. The trustee applied to the referee for a turnover order requiring petitioner bank to pay to the...

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