Miller v. . Bowles
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, affirming an order of Special Term directing that the receiver, appointed in the action second above entitled, pay out of the funds and property levied upon by virtue of an attachment issued in the action first above entitled and delivered by the sheriff to the receiver, the amount of the judgment obtained by the plaintiff therein, with costs, expenses, etc.
Read the full summary
Appeal from order of the General Term of the Supreme Court in the first judicial department, affirming an order of Special Term directing that the receiver, appointed in the action second above entitled, pay out of the funds and property levied upon by virtue of an attachment issued in the action first above entitled and delivered by the sheriff to the receiver, the amount of the judgment obtained by the plaintiff therein, with costs, expenses, etc. (Reported below, 2 N. T. S. C. R. [T. & G], 568.) The action first above entitled was originally begun against Charles S. P. Bowles, R. Gordon…
1Opinion of the CourtJohnson, J.
The appellant, who is the assignee in bankruptcy of Bowles, Brothers & Co., contends that the attachment sued out in this State by Alvah Miller against them was dissolved and its lien discharged by the proceedings in bankruptcy. Under the fourteenth section of the bankrupt act it is distinctly provided that the assignment to the assignee in bankruptcy shall relate back to the commencement of the proceedings in bankruptcy, and that thereupon, by operation of law, the title to all the property and estate of the bankrupt, both real and personal, shall vest in the assignee, although the same is…
2Cases cited3 opinions
- Peck v. JennessSupreme Court of the United States · 1849
- Wilson v. City BankSupreme Court of the United States · 1873
- Ex parte FosterU.S. Circuit Court for the District of Massachusetts · 1842
3Cited by9 opinions
- City of Parsons v. Parsons Water Supply & Power Co.Supreme Court of Kansas · 1919
- Cook v. Leona Mills Lumber Co.Oregon Supreme Court · 1923
- Duffield v. . HortonNew York Court of Appeals · 1878
- Rogers v. RogersSupreme Court of Georgia · 1935
- Brewers & Maltsters' Insurance v. DavenportNew York Supreme Court · 1877
4 more not listed; retrieve them via the Exa API.