Claflin v. Houseman
Supreme Court of the United States
Error to the Supreme Court of the State of New York- This action was brought in May, 1872, in the New York Supreme Court, county of Kings, by Julius Houseman, as assignee in bankruptcy of Comstock and Young, against Horace B. Clafiin, under the thirty-fifth section of the Bankrupt Act, to recover the sum of $1,935.57, with interest, being the amount collected by Clafiin on a judgment against the bankrupts, recovered within four months before the commencement' of proceedings…
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Error to the Supreme Court of the State of New York- This action was brought in May, 1872, in the New York Supreme Court, county of Kings, by Julius Houseman, as assignee in bankruptcy of Comstock and Young, against Horace B. Clafiin, under the thirty-fifth section of the Bankrupt Act, to recover the sum of $1,935.57, with interest, being the amount collected by Clafiin on a judgment against the bankrupts, recovered within four months before the commencement' of proceedings in bankruptcy. The ground of the action, as stated in the complaint, was that they (the bankrupts) suffered the judgment…
1Opinion of the CourtJustice Bradley
The point principally relied on by the plaintiff in error is, that an assignee in bankruptcy cannot sue in the State courts.
It is argued that the cause of action arises purely and solely out of the provisions of an act of Congress, .and can only be prosecuted in the courts of the United States, the State courts having no jurisdiction over the subject. It is but recently settled that the several district and circuit courts "of the United States have jurisdiction, under the bankrupt law, of causes arising out of proceedings in bankruptcy pending in other districts. There had been much doubt on…
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