Ramsey v. Fellows
Supreme Court of New Hampshire
Trover, for a day-book, journal, and ledger, containing the plaintiffs’ accounts against sundry persons. The defendants were a deputy sheriff and his servant. The plaintiffs claim that the books were wrongfully attached and taken away. Since the attachment the plaintiff's have become bankrupts, are now in bankruptcy, and their assignee refuses to appear or recognize the suit. The defendants moved that the action be dismissed.
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Trover, for a day-book, journal, and ledger, containing the plaintiffs’ accounts against sundry persons. The defendants were a deputy sheriff and his servant. The plaintiffs claim that the books were wrongfully attached and taken away. Since the attachment the plaintiff's have become bankrupts, are now in bankruptcy, and their assignee refuses to appear or recognize the suit. The defendants moved that the action be dismissed. No one can be a party to a suit after his bankruptcy. Collier v. Hunter, 27 Ark. 74; Bump on Bankruptcy, 9th ed., 548. When a plaintiff becomes a bankrupt pendente lile,…
1Opinion of the CourtFoster, J.
The plaintiffs’ right to prosecute this action is not defeated by the refusal of the assignee “ to appear or recognize the suit.” All property, rights of property, and choses in action, belonging to a bankrupt, and not by law exempt, pass by force of the decree of bankruptcy to the assignee, by operation of law, and become vested in him from the date of adjudication. U. S. Rev. St., s. 5046; Berry v. Gillis, 17 N. H. 9; Towle v. Rowe, 58 N. H. 394; Yorke v. Brown, 10 M. &. W. 78. But, though the legal title passes to the assignee, he is not bound to take possession of all the property, nor to…
2Cases cited2 opinions
- Towle v. RoweSupreme Court of New Hampshire · 1878
- Towle v. DavenportSupreme Court of New Hampshire · 1876
3Cited by3 opinions
- Hubbard v. GouldSupreme Court of New Hampshire · 1906
- Houghton v. OwenSupreme Court of New Hampshire · 1880
- Lane v. MooreSupreme Court of New Hampshire · 1879