Kidder v. . Horrobin
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of plaintiff, entered upon the report of a referee. This action was brought by plaintiff, as assignee in bankruptcy of Charles H. Glynn, against defendant Horrobin as acceptor, and defendant J ohnston as indorser of a draft drawn May 18, 1875, by F. A. Leigh & Co. on Horrobin, payable to the order of J ohnston.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of plaintiff, entered upon the report of a referee. This action was brought by plaintiff, as assignee in bankruptcy of Charles H. Glynn, against defendant Horrobin as acceptor, and defendant J ohnston as indorser of a draft drawn May 18, 1875, by F. A. Leigh & Co. on Horrobin, payable to the order of J ohnston. The said bill of exchange was drawn, indorsed and accepted under the following circumstances, viz: On the 15th of January, 1874, Page, Richardson & Co., of…
1Opinion of the CourtAndrews, J.
This action is brought by the plaintiff as assignee in bankruptcy of "one Charles H. Glynn, against the indorser and acceptor of a draft drawn May 18, 1875, by F. A. Leigh & Co., and which came to the hands of the plaintiff* as part of the assets of the bankrupt. The point is now taken for the first time, that the State courts have no jurisdiction of an action by an assignee in bankruptcy-to recover a debt owing to the bankrupt.
It is conceded that prior to 1874, State courts had concurrent jurisdiction with the Federal courts, in actions by assignees in bankruptcy, and cases arising under the…
2Cases cited6 opinions
- Claflin v. HousemanSupreme Court of the United States · 1876
- Dudley v. . MayhewNew York Court of Appeals · 1849
- Cook v. . WhippleNew York Court of Appeals · 1873
- Crans v. . HunterNew York Court of Appeals · 1863
- Stewart v. AhrenfeldtNew York Supreme Court · 1847
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Lane v. InnesSupreme Court of Minnesota · 1890
- Mann v. FlowerSupreme Court of Minnesota · 1879
- Olcott v. . MacLeanNew York Court of Appeals · 1878
- In re JacobsCourt of Appeals for the Eighth Circuit · 1900
- In re RuschCourt of Appeals for the Seventh Circuit · 1902
12 more not listed; retrieve them via the Exa API.