Flanders v. Abbey

HOWE, District Judge.

This is a demurrer to a bill in equity brought by plaintiff as assignee of Little & Fyler, bankrup'.s.

The bill alleges that in February. 1871, Little executed a note for $2,000, and procured it to be indorsed by the defendant, Matilda O. Abbey, the wife of defendant, D. C. Abbey, and “by such indorsement charged her own individual and separate estate for the payment thereof;” that the note was subso quently “passed” to the defendant bank; that within two months of the adjudication of bankruptcy, all the defendants and the bankrupt Little confederated together for the…