Seaman v. Stoughton
New York Court of Chancery
This case came before the chancellor upon an appeal by the defendant Stoughton from a decretal order of the Vice chancellor of the first circuit, overruling a plea to the complainant’s bill. The complainant was a creditor of the defendant Kim-ball in March, 1842, and his debt Was provided for, either wholly or in part, by an assignment of the property of his debtor, to Stoughton, in trust for the payment of debts.
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This case came before the chancellor upon an appeal by the defendant Stoughton from a decretal order of the Vice chancellor of the first circuit, overruling a plea to the complainant’s bill. The complainant was a creditor of the defendant Kim-ball in March, 1842, and his debt Was provided for, either wholly or in part, by an assignment of the property of his debtor, to Stoughton, in trust for the payment of debts. The bill in this cause was filed by the complainant in behalf of himself and all the other creditors provided for in the assignment, for an account of the assigned property, and for…
1Opinion of the Court
The Chancellor.
The plea in this case does not contain the necessary averments to show that the defendant, A. Kimball was legally declared a bankrupt, so -as to vest the as*348signed property in 0. C. Paine, the official assignee appointed by the district court. The plea merely states that the supposed bankrupt resided in the state of Massachusetts; ana that he presented a petition praying that he might be declared a bankrupt, pursuant to the act. To show that the court had jurisdiction to proceed upon his petition, under the voluntary provisions of the bankrupt act, he should have stated, in the…
2Cited by6 opinions
- In re BeisenthalU.S. Circuit Court for the District of Northern New York · 1877
- Day v. BardwellMassachusetts Supreme Judicial Court · 1867
- Fort v. McCullyNew York Supreme Court · 1870
- Mount v. President & Directors of the Manhattan Co.New Jersey Court of Chancery · 1886
- Schermerhorn v. . TalmanNew York Court of Appeals · 1856
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