Legal Opinion

Bowen v. Delaware, L. & W. Railroad

New York Supreme Court

Decided December 7, 1894Published

Appeal from special term, Broome county. Action by John B. Bowen, as assignee in bankruptcy of the estate of Anna N. Dwight, against the Delaware, Lackawanna & Western Railroad Company, to recover possession of land. There was a judgment in favor of defendant, and plaintiff appeals.

1Opinion of the CourtMastin, J.

This action was brought to recover the possession of certain real property described in the complaint. Among other matters set up in the answer, the defendant alleged as a defense that the cause of action herein accrued more than two years prior to the commencement of the suit, and that it was barred by section 5057 of the United States Bevised Statutes, which declares:

“No suit, either at law or in equity, shall be maintainable in any court between an assignee in bankruptcy and a person claiming an adverse interest, touching any property or rights of property transferable to or vested in such…

2Cases cited13 opinions

Bailey v. GloverSupreme Court of the United States · 1875
Banks v. OgdenSupreme Court of the United States · 1865
Stevens v. . HauserNew York Court of Appeals · 1868
Gifford v. HelmsSupreme Court of the United States · 1878
Jenkins v. International BankSupreme Court of the United States · 1883

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