In re Bernstein
District Court, S.D. New York
In bankruptcy. The firm of Wilmerding, Hoguet & Co. obtained a judgment against [Henry Bernstein] the bankrupt, on the 21st of October, 1868, for $2,930.30, in a suit in the supreme court of New' York, for a money demand on contract, founded on two promissory notes made by him, and on a sale and delivery of goods to him. The suit was commenced on the 25th of September, 1S07, and the judgment was obtained in due course, by default, after personal service of a summons.
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In bankruptcy. The firm of Wilmerding, Hoguet & Co. obtained a judgment against [Henry Bernstein] the bankrupt, on the 21st of October, 1868, for $2,930.30, in a suit in the supreme court of New' York, for a money demand on contract, founded on two promissory notes made by him, and on a sale and delivery of goods to him. The suit was commenced on the 25th of September, 1S07, and the judgment was obtained in due course, by default, after personal service of a summons. On the same day on which the judgment was obtained, an execution was issued thereupon to the sheriff of the city and county of…
1Opinion of the Court
BLATCHFORD, District Judge.
There is nothing shown to impeach the bona fides of the judgment, execution, and levy. No collusion in regard to them appears, and the bankrupt resisted them to his utmost. The lien of a levy made under an execution issued on a final judgment, such as is that in the present case, provided such lien attached before the commencement of the proceedings in bankruptcy, is preserved by the-bankruptcy act, and is to be respected by this court, whether this court takes to itself the administration of the property on which the lien is imposed, and applies it towards the…
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