Winslow v. Clark
New York Supreme Court
Appeal from, a judgment for the defendant, entered on the report of a referee, dismissing the plaintiff’s complaint with costs.
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Appeal from, a judgment for the defendant, entered on the report of a referee, dismissing the plaintiff’s complaint with costs. The complaint demanded judgment, setting aside the assignment of a certain mortgage for §2,000, made by the plaintiff’s assignor in bankruptcy, and also setting aside a foreclosure, and sale of the mortgaged premises, obtained under the mortgage at the suit of an assignee thereof, said assignee having been the purchaser at the sale; or in case of conveyance by the assignee, that the plaintiff might recover the sum paid as the consideration for such conveyanee; and…
1Opinion of the Court
By the Court
Mullin, P. J.
By section 14 of the bankrupt law, it is provided that the assignment of the bankrupt’s estate shall relate back to the commencement of the proceedings in bankruptcy, and vest in the assignee the title of the bankrupt to all his property and estate both real and personal, with certain exceptions not material to be considered in this case.
Nathan "Whiting was adjudged a bankrupt on the 14th March, 1868. The plaintiff was appointed assignee on the 11th of May, 1868, and the assignment was made to him on the 20th of May. The day on which the proceedings in bankruptcy'…
2Cases cited3 opinions
- Mead v. YorkNew York Court of Appeals · 1852
- Dias v. MerleNew York Court of Chancery · 1833
- Fulton v. RoseveltNew York Court of Chancery · 1828
3Cited by6 opinions
- Thomas v. LinnWest Virginia Supreme Court · 1894
- Gilbert v. PriestNew York Supreme Court · 1873
- Gilbert v. PriestNew York Supreme Court · 1871
- Gilbert v. CrawfordNew York Supreme Court · 1872
- Gilbert v. PriestNew York Supreme Court · 1873
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