In re Stowell
U.S. Circuit Court for the District of Northern New York
Motion for an injunction. On the 7th of June, 1876, the bankrupts, SLowells, made an assignment to Samuel W. Perry, pursuant to the statutes of Hew York, for the benefit of their creditors. The assignee duly qualified and entered upon the duties of his trust. On the 22d of August, 1883, Perry died. The petitioners are his executors.
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Motion for an injunction. On the 7th of June, 1876, the bankrupts, SLowells, made an assignment to Samuel W. Perry, pursuant to the statutes of Hew York, for the benefit of their creditors. The assignee duly qualified and entered upon the duties of his trust. On the 22d of August, 1883, Perry died. The petitioners are his executors. On the 14th of February, 1878—a year and eight months after the assignment—a voluntary petition in bankruptcy was filed by the Stowells in this court, and on the 27th of the same month they were adjudicated bankrupts. On the 1st of April, 1878, the bankrupts…
1Opinion of the CourtCoxe, J.
It is not deemed necessary to enter upon an extended discussion of the questions presented by this motion. The opposing views are maintained with great clearness and ability in the conflicting opinions delivered in the State courts. Little additional light, therefore, can be thrown upon the controversy (See In re Stowell, 26 Hun, 258).
At the outset, the petitioners are confronted with the proposition that the assignment to Perry was valid. This is the broad foundation upon which the creditors construct their argument. When the petition in bankruptcy was filed, the assignment' had been in…
2Cited by1 opinion
- In re the General Assignment of StowellNew York Supreme Court · 1887