Gilbert v. Crawford
New York Supreme Court
The plaintiff alleges his appointment under the act of congress, entitled “An act to establish a uniform system of bankruptcy throughout the United States,” approved March 2d, 1867, and the execution of an instrument by a register in bankruptcy conveying all of the estate of the bankrupt, the 7th of December, 1871, to the plaintiff.
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The plaintiff alleges his appointment under the act of congress, entitled “An act to establish a uniform system of bankruptcy throughout the United States,” approved March 2d, 1867, and the execution of an instrument by a register in bankruptcy conveying all of the estate of the bankrupt, the 7th of December, 1871, to the plaintiff. That prior to the adjudication of bankruptcy, and in contemplation thereof, the bankrupt conveyed certain property to the defendants, and made certain payments to them as creditors, in fraud of the said act and with intent to hinder, delay and defraud the other…
1Opinion of the CourtHardin, J.
By the proceedings in bankruptcy, and the execution of the instrument alleged by the register in bankruptcy, the plaintiff took title to all the property and effects, not exempt by law, which belonged to the insolvent at the time of the commencement of the proceedings (See section 14 of act of congress).
The fourteenth section authorizes the assignee to sue for and recover the estate and assets of the bankrupt.
If the transfer of property and payment of money alleged in the complaint were void, then no title passed to the defendants and the same belonged to the bankrupt at the time of the…
2Cases cited7 opinions
- Brown v. KendallMassachusetts Supreme Judicial Court · 1850
- Stevens v. Mechanics' Savings BankMassachusetts Supreme Judicial Court · 1869
- Phœnix v. DeyCourt for the Trial of Impeachments and Correction of Errors · 1809
- Middlebrook v. . BroadbentNew York Court of Appeals · 1872
- Winslow v. . ClarkNew York Court of Appeals · 1872
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