Rutherford v. Hewey
New York Supreme Court
On the 30th day of June, 1874, David Dennis, together with his three brothers, were the owners in fee of a farm situate in Steuben county, described in the complaint, each being the owner of an undivided fourth part thereof.
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On the 30th day of June, 1874, David Dennis, together with his three brothers, were the owners in fee of a farm situate in Steuben county, described in the complaint, each being the owner of an undivided fourth part thereof. On that day a proceeding in bankruptcy was commenced against David Dennis by his creditors, and on the 21st day of July, 1874, he was duly adjudged a bankrupt thereunder, and in the following September the plaintiff was duly chosen his assignee in bankruptcy and the usual assignment under the bankrupt act was made by the register acting in the matter to the plaintiff. The…
1Opinion of the Court
Macomber, J. —
The case of Cook agt. Whipple (55 N. Y, 150) decided that this court has jurisdiction in all actions, legal or eqmtable, brought by an assignee in bankruptcy to recover the estate of the bankrupt, or to determme rights to property claimed by him as such assignee, or in any way affecting the same, and that the jurisdiction conferred upon the Federal courts by section 1 of the bankrupt act was not exclusive. ¡Nor does the subsequent amendment of that section, passed June 22, 1874, affect the statute so as to impair the authority of that decision. The amendment consists only in…
2Cases cited1 opinion
- Dubois v. . CassidyNew York Court of Appeals · 1878
3Cited by2 opinions
- Champion v. SpurckIllinois Supreme Court · 1922
- Salls v. SallsNew York Supreme Court · 1891