Wilson v. Taylor
Supreme Court of North Carolina
Appeal from Ward, J., at September Term, 1910, of Oam-DEN. This action, was brought by the plaintiff, as trustee in bankruptcy of J. W. Taylor, to recover of the defendant the sum of $901, alleged to have been paid to the defendant, as a preferred creditor, by C. H. Spencer, assignee, under a general assignment executed by Taylor for tbe benefit of,Ms creditors.
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Appeal from Ward, J., at September Term, 1910, of Oam-DEN. This action, was brought by the plaintiff, as trustee in bankruptcy of J. W. Taylor, to recover of the defendant the sum of $901, alleged to have been paid to the defendant, as a preferred creditor, by C. H. Spencer, assignee, under a general assignment executed by Taylor for tbe benefit of,Ms creditors. Tbe defendant in ber answer denied ber liability to tbe plaintiff and tendered separate issues as to tbe bankruptcy, tbe appointment of tbe plaintiff as trustee, tbe assignment of Ms property by Taylor witbin four months before tbe…
1Opinion of the Court
Walker, J.,
after stating tbe case: Tbe first exception of tbe defendant, that there was not sufficient evidence of tbe appointment and qualification of tbe plaintiff as trustee, cannot be sustained. Under tbe Bankrupt. Act, tbe trustee qualifies by giving bis bond and having tbe same approved by tbe referee. It is tbe duty of the referee, immediately upon tbe appointment and approval of tbe trustee, to notify bim of bis appointment, and tbe trustee thereupon is required to give notice of bis acceptance or rejection of tbe trust. If be accepts tbe trust, be must file an official bond, as…
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