Latting v. Fassman, Bryant & Co.

The Opinión of the court was delivered by

Wxly, J.

Plaintiff brought this suit in March, 1807, for the partition of the partnership existing between plaintiff and clofendants for tlio manufacture of bricks. In February, 1869, R. G. Latting was adjudged •a bankrupt and his estate assigned to E. E. Norton, assignee. In June, 1873, more than two years after his appointment, the assignee made himself a party to this suit. Thereupon E. It. Bryant, one of the defendants, excepted, on the ground that under the bankrupt act the assignee was barred by tlxc lapse of two years from instituting this…