Hildreth v. Burkhalter

This action is brought to remove the assignee appointed in the assignment for the benefit of creditors on the ground that he occupies a position antagonistic to that of the creditors whom he is bound to represent, being president of the Irving National Bank, to which was assigned a large amount of book accounts belonging to the assignors just before the assignment, and which transfer to the bank is claimed to be fraudulent as against the creditors. I have concluded, in a motion argued herewith in an action to set aside the assignment and transfer to the bank on the ground that the same was…