Hersey v. Jones
Massachusetts Supreme Judicial Court
Action by the assignee in bankruptcy of Arthur A. R. Bittern to recover back property conveyed by the debtor in fraud of the bankrupt act.
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Action by the assignee in bankruptcy of Arthur A. R. Bittern to recover back property conveyed by the debtor in fraud of the bankrupt act. At the trial in the Superior Court, the plaintiff introduced in evidence the docket entries of the District Court of the United States and of its register in bankruptcy, showing the filing of the petition, the adjudication of bankruptcy, the choice of the plaintiff as assignee, his acceptance of the trust, and the execution by the register of an assignment of the bankrupt’s estate to him, before the bringing of this action, but no approval of his election…
1Opinion of the CourtGray, C. J.
The bankrupt act of the United States provides that, if no choice of assignee is made by the creditors at the first meeting, the judge, or, if there be no opposing interest, the register, shall appoint one or more assignees, and that “ all elections or appointments of assignees shall be subject to the approval of the judge; ” U. S. Rev. Sts. § 5034; that, as soon as an assignee is appointed and qualified, the judge, or, where there is no opposing interest, the register, shall make an assignment to him of the debtor’s property; § 5044; and that “a copy duly certified by the clerk of the court,…
2Cited by3 opinions
- Howes v. BurtMassachusetts Supreme Judicial Court · 1881
- Hull v. BurrSupreme Court of Florida · 1912
- Farwell v. RaddinMassachusetts Supreme Judicial Court · 1880