Gilbert v. Mechanics & Metals National Bank

The trustees in bankruptcy did not take title through the plaintiff as assignee for the benefit of creditors of A. Bolognesi & Co., but took by a superior title (Black Law & Prac. of Bankruptcy, § 440; Whittlesey v. Becker & Co., 142 App. Div. 313); hence section 756 of the Code of Civil Procedure has no application and the action cannot be maintained either by the plaintiff, who no longer has title, or by the trustees in his name, for no title has been transferred from him to them. I cannot see that section 67 of the Bankruptcy Act has any application to the case. The plaintiff did not…