Haxtun v. Corse
New York Court of Chancery
On the third day of February one thousand eight hundred and forty-two, the defendant, Barney Corse, presented to the district court of the United States for the southern district of New York, his petition, in due form, for the benefit of the bankrupt act; and, on the fourth day of March following, was duly declared a bankrupt.
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On the third day of February one thousand eight hundred and forty-two, the defendant, Barney Corse, presented to the district court of the United States for the southern district of New York, his petition, in due form, for the benefit of the bankrupt act; and, on the fourth day of March following, was duly declared a bankrupt. Subsequently to this and on the eleventh day of June one thousand eight hundred and forty-two, the complainants filed their bill in this cause, as judgment creditors, having previously recovered judgments upon which executions had been issued and returned unsatisfied.…
1Opinion of the Court
The Vice-Chancellor :
The demurrer is well taken : *5871. Because, by operation of law, on the defendant being decreed a bankrupt, all his rights of property which the original bill and this supplemental bill were designed to reach, were divested and eo instanti vested in the assignee: see § 3 of the Bankrupt Act. The bill does not allege that the defendant has become entitled to any property subsequent to the decree declaring him a bankrupt.
2. Because the complainants elected to go in under the bankrupt proceedings and prove their debts; and, although they afterwards succeeded in defeating the…
2Cited by3 opinions
- Bennett v. GoldthwaitMassachusetts Supreme Judicial Court · 1872
- Hoadley v. CaywoodIndiana Supreme Court · 1872
- Stewart v. IsidorNew York Court of Common Pleas · 1868