Colby v. Coates

This is a trustee process, in which Daniel S. Kendall, assignee of Solomon Hopkins, an insolvent debtor, is summoned as trustee of the principal defendants. It appears from Kendall’s answer, (among other facts which we need not consider,) that he was appointed, under our insolvent laws, assignee of the estate of Hopkins, which was duly assigned to him before this process was served, on him, and that the principal defendants, after this process was served, proved claims, to a large amount, against that estate.

The counsel for Kendall claims his discharge on two grounds: First, that if he can be…