Ex parte General Assignee
District Court, N.D. New York
In each of the above cases [of Abner H. Allen, Henry Hunt, Archibald Campbell, Levi Thayer, and Joel Thayer], application had been made to the court by or in behalf of the assignee for an injunction to restrain certain creditors of the bankrupt from the further prosecution of a suit against him by creditor’s bill in the court of chancery of this state. The suits had all' been commenced, apparently in good faith, before the presentation of the original petition in bankruptcy.
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In each of the above cases [of Abner H. Allen, Henry Hunt, Archibald Campbell, Levi Thayer, and Joel Thayer], application had been made to the court by or in behalf of the assignee for an injunction to restrain certain creditors of the bankrupt from the further prosecution of a suit against him by creditor’s bill in the court of chancery of this state. The suits had all' been commenced, apparently in good faith, before the presentation of the original petition in bankruptcy. The first case had been submitted on briefs by Thomas Y. How, Jr., in behalf of Grant & Allen, for the assignee, and by…
1Opinion of the Court
COXKLING, District Judge.
In the case of Hezekiah Thayer (reported in the Cayuga Patriot of June 22, 1812) it was decided that no lien can be acquired by the institution of a suit by creditors bill in the court of chancery of this state, which will prevail against the title of an assignee of the estate and effects of the defendant under a decree of bankruptcy founded on a petition filed in this court before the commencement of such suit. With that decision I am entirely satisfied; and as far as I have been informed, it has generally been acquiesced in as sound. It is clear, that the property…
2Cases cited7 opinions
- Hadden v. SpaderCourt for the Trial of Impeachments and Correction of Errors · 1822
- M'Dermutt v. StrongNew York Court of Chancery · 1820
- Sedgwick v. ClevelandNew York Court of Chancery · 1838
- Hayden v. BucklinNew York Court of Chancery · 1842
- Bloodgood v. ClarkNew York Court of Chancery · 1834
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3Cited by3 opinions
- Lowry v. MorrisonNew York Court of Chancery · 1844
- Stewart v. IsidorNew York Court of Common Pleas · 1868
- Vreeland v. BruenSupreme Court of New Jersey · 1847