Sedgwick v. Menck
U.S. Circuit Court for the District of Southern New York
On the 6th of January, 1857, Andrew Beiser, being insolvent, made an assignment of his property, real and personal, to William Menck, giving preferences among his creditors. Creditors' bills were filed against Beiser, the debt- or, and Menck, the assignee, under which Charles B. Bostwiek was appointed receiver of the property.
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On the 6th of January, 1857, Andrew Beiser, being insolvent, made an assignment of his property, real and personal, to William Menck, giving preferences among his creditors. Creditors' bills were filed against Beiser, the debt- or, and Menck, the assignee, under which Charles B. Bostwiek was appointed receiver of the property. On the 16th of March, 1S5S, he commenced a suit, in the court of common pleas for the city and county of New York, against -Beiser and Menck, to recover possession of the property, and such proceedings were had, that, on the 9th of December, following, a judgment was…
1Opinion of the Court
NELSON, Circuit Justice.
The filing of the creditors’ bills gave, according to the law of New York, a lien upon the assets of the debt- or, in behalf of the judgment creditors; and tlie receiver, representing their interests, has, it appears, been diligently engaged in endeavoring to reduce them to possession, and apply them to the payment of the judgments. It is difficult to see what right exists in the as-signee in bankruptcy to this property, thus devoted by the law to the payment of the debts of these judgment creditors, some ten years before anj- right attached in bankruptcy. The judgment…
2Cited by11 opinions
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- Taylor v. TaylorNew Jersey Court of Chancery · 1900
- In re PriceDistrict Court, S.D. New York · 1899
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