Towle v. Davenport
Supreme Court of New Hampshire
From Rockingham Circuit Court. Exceptions from the circuit court. At the April term, 1875, the suggestion of the plaintiff’s bankruptcy was entered upon the docket, and thereupon the defendant moved that tXie action be dismissed. No order was made upon that motion.
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From Rockingham Circuit Court. Exceptions from the circuit court. At the April term, 1875, the suggestion of the plaintiff’s bankruptcy was entered upon the docket, and thereupon the defendant moved that tXie action be dismissed. No order was made upon that motion. At the October term the motion was renewed; and the court ordered that a nonsuit be entered at the next January term, unless the assignee in bankruptcy should appear to prosecute the action by entering such appearance upon the docket within thirty days from the close of the October term. To this order the plaintiff excepted.…
1Opinion of the Court
FROM ROCKINGHAM CIRCUIT COURT. By the 14th section of the bankrupt act of 1867, all the estate of the bankrupt vests in the assignee from the commencement of the proceedings in bankruptcy (with the exception of certain property specially exempted), including choses in action, debts due the bankrupt, and rights of action; and the assignee is empowered to sue for and defend all such property and rights, and prosecute and defend all suits in favor of or against the bankrupt, pending at the time of the adjudication of bankruptcy.
Notwithstanding the broad provisions of the statute, there are…
2Cases cited2 opinions
- Streeter v. SumnerSuperior Court of New Hampshire · 1855
- Scott v. Wilkie.Supreme Court of North Carolina · 1871
3Cited by1 opinion
- Ramsey v. FellowsSupreme Court of New Hampshire · 1879