Olcott v. . MacLean
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, in favor of defendants, entered upon an order reversing a judgment in favor of plaintiff, entered upon a verdict, and directing a dismissal of the complaint.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, in favor of defendants, entered upon an order reversing a judgment in favor of plaintiff, entered upon a verdict, and directing a dismissal of the complaint. (Reported below, 10 Hun, 277.), This action was brought by plaintiff as assignee in bankruptcy of James S. Aspinwall, under the provisions of the bankrupt act (U. S. R. S., §. 5128), to recover the value of property alleged to have been transferred by the bankrupt to defendants within four months of the filing of the petition in bankruptcy by…
1Per curiam
First. The question of the jurisdiction of a State court to entertain an action by an assignee in bankruptcy to recover the assets of the bankrupt has been recently decided in the case of Kidder, assignee, v. Horrobin (72 N. Y., 159), and is not an open question in this court.
Second. The Supreme Court acquired jurisdiction of the persons of the defendants by their general appearance in the action. That they appeared because their right to the attached property was imperiled by the proceedings does not change the legal affect of a general appearance. It was equivalent to a personal service of…
2Cases cited1 opinion
- Kidder v. . HorrobinNew York Court of Appeals · 1878
3Cited by12 opinions
- Reed v. . ChilsonNew York Court of Appeals · 1894
- McKenna v. SimpsonSupreme Court of the United States · 1889
- Tanas v. Municipal Gas Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Tanas v. Municipal Gas Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Alkalaj v. AlkalajNew York Supreme Court · 1947
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