Watkins v. Pinkney
New York Court of Chancery
Judgment creditor’s suit and motion for an attachment, on the ground that the defendants, James M. Pinkney and Orrin Brown, had refused to execute an assignment of their property to a receiver. This was opposed, on the fact that they had, since the filing of the bill, both made application to the district court of the United States for the southern district of New York, for the benefit of the bankrupt act; and which application was still pending.
1Opinion of the Court
The Vice-Chancellor :
The objection set up by the defendants against executing an assignment to a receiver is this : that, since filing the bill against them, they have presented a petition to the district court of the United States to be declared bankrupts, in order to surrender their property for the benefit of all their creditors ; and that, therefore, they could not be compelled, in this court, to do any act which would militate against or impair the operation of the bankrupt law.
The question is, whether the court of chancery, under such circumstances, will proceed to compel a transfer and…
2Cited by2 opinions
- Vermont & Canada Railroad v. Vermont Central RailroadSupreme Court of Vermont · 1873
- Taylor v. TaylorNew Jersey Court of Chancery · 1900