Wheelock v. . Lee
New York Court of Appeals
Appeal from judgment of the General Term of the Oity " Court of Brooklyn, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury.
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Appeal from judgment of the General Term of the Oity " Court of Brooklyn, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. This action was brought by plaintiff as assignee in bankruptcy of the firm of Tremain & Bro., to recover moneys alleged to have been paid by his assignors to defendant in excess of legal interest on various loans; to have a promissory note made by the bankrupt firm and delivered to defendant upon an alleged usurious loan, surrendered up and canceled, and to compel defendant to deliver up certain promissory notes,…
1Opinion of the CourtAndrews, J.
The assignee in bankruptcy, by virtue of section 14 of the bankrupt act (14 H. S. Stat. at L., 522), upon the execution of the assignment becomes vested with the title to the property and estate of the bankrupt, including debts due to him, his dioses in action and rights in action for property and estate, or on contract; and the section declares that the assignee shall have the like right to sue for and recover the same as the bankrupt might or could have had if the assignment had not been made. The plaintiff, in June, 1873, was appointed assignee in bankruptcy of the firm of Tremain & Bro.,…
2Cases cited3 opinions
- State v. BrownTennessee Supreme Court · 1847
- Allerton v. . BeldenNew York Court of Appeals · 1872
- Palen v. . JohnsonNew York Court of Appeals · 1872
3Cited by36 opinions
- Halsey v. WinantNew York Court of Appeals · 1932
- Hubbard v. TodSupreme Court of the United States · 1898
- National Bank v. . LewisNew York Court of Appeals · 1878
- Kelter v. American Bankers Finance Co.Supreme Court of Pennsylvania · 1932
- Charles A. Riley Co. v. W. T. Sears & Co.Supreme Court of North Carolina · 1911
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