Legal Opinion

In re Conant

U.S. Circuit Court for the District of Southern New York

Decided May 19, 1862PublishedCited by 4 opinions

This was a question adjourned into this court by the district judge, for hearing and determination, under the 6th section of the bankruptcy act of August 19, 1841 (5 Stat. 445). A petition was filed in the district court, by M. T. Taggart and others, for the purpose of vacating an order made on behalf of the general assignee of Frederick J. Co-nant, a bankrupt, for the sale of a certain lot of land in the state of Illinois, as belonging to the estate of the bankrupt, on the…

Read the full summary

This was a question adjourned into this court by the district judge, for hearing and determination, under the 6th section of the bankruptcy act of August 19, 1841 (5 Stat. 445). A petition was filed in the district court, by M. T. Taggart and others, for the purpose of vacating an order made on behalf of the general assignee of Frederick J. Co-nant, a bankrupt, for the sale of a certain lot of land in the state of Illinois, as belonging to the estate of the bankrupt, on the ground that it was made through inadvertence and misapprehension of a true statement of the facts, without notice to the…

1Opinion of the Court

NELSON, Circuit Justice.

It is not important to state the facts relied on in the petition, to maintain it upon the merits, as the only question which has been adjourned to this court by the district court for decision is, whether or not the short bar of two years’ limitation to suits, prescribed in the 8th section of the bankruptcy act, applies to the case. That section provides, that the circuit court shall have concurrent jurisdiction with the district court of all suits at law and in equity, which may and shall be brought by any assignee of the bankrupt, against any person or persons…

2Cited by4 opinions

  1. Esmond v. ApgarNew York Court of Common Pleas · 1878
  2. Phelan v. O'BrienU.S. Circuit Court for the District of Eastern Missouri · 1882
  3. Bowen v. Delaware, L. & W. RailroadNew York Supreme Court · 1894
  4. Duff v. First Nat. Bank of WellsvilleU.S. Circuit Court for the District of Western Pennsylvania · 1882

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API