National Bank of the Republic v. Hodge
District of Columbia Court of Appeals
Hearing on an appeal by the complainants from a decree of the Supreme Court of the District of Columbia, holding an equity term, dismissing a bill for the setting aside of an assignment for the benefit of creditors. The Court in its opinion stated the case as follows: This is a suit in equity for the purpose of having an assignment for the benefit of creditors decreed to be null and void.
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Hearing on an appeal by the complainants from a decree of the Supreme Court of the District of Columbia, holding an equity term, dismissing a bill for the setting aside of an assignment for the benefit of creditors. The Court in its opinion stated the case as follows: This is a suit in equity for the purpose of having an assignment for the benefit of creditors decreed to be null and void. The validity of the assignment was sustained by the court below, which dismissed the bill of complaint; and this appeal is prosecuted by the complainants from the decree dismissing the bill. William E.‘…
1Opinion of the CourtJustice Morris
The first of the three provisions to which objection is taken is that the assignee “ shall and do as soon as convenient sell and dispose of all said goods, property and chattels.” It is-argued that thereby the assignee is given power to postpone the sale indefinitely until it should- suit his own convenience to make it, and thereby to hinder and delay the creditors. But this is not the plain and obvious meaning of the provision. That plain and obvious meaning is, that the property should be disposed of by sale without unreasonable delay, and as soon as it should be found fitting and proper so…
2Cases cited7 opinions
- Hollister v. LoudMichigan Supreme Court · 1852
- Hennessy v. Western BankSupreme Court of Pennsylvania · 1843
- Griffin v. . MarquardtNew York Court of Appeals · 1860
- Townsend v. . StearnsNew York Court of Appeals · 1865
- Ogden v. . PetersNew York Court of Appeals · 1860
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