Moore v. Jones
United States District Court
Tins was a petition addressed to the equity jurisdiction of the court under the bankrupt act, and set forth the following facts. Jones, one of the respondents, was declared a bankrupt, on his own application, by the District Court of the United States in the northern district of New York, and Moore, the petitioner here, was appointed his assignee.
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Tins was a petition addressed to the equity jurisdiction of the court under the bankrupt act, and set forth the following facts. Jones, one of the respondents, was declared a bankrupt, on his own application, by the District Court of the United States in the northern district of New York, and Moore, the petitioner here, was appointed his assignee. After Jones had obtained his certificate of discharge, an action for money had and received was commenced in his name, by 'his direction, or consent, in the state court in Vermont, against the respondent Austin,'on a claim or cause of action which…
1Opinion of the CourtPrentiss, J.
There can be no doubt, that whenever a judgment is recovered for a debt or claim due to a bankrupt and belonging to his assignee, whether by the bankrupt himself, or by a third person in his right, the assignee is entitled to the money recovered by such judgment. It has been often determined, that where an uncertificated bankrupt sues and obtains judgment, as he may do unless his assignees interfere, for a debt accrued to him subsequent <t© the bankruptcy, and is paid the amount of the judgment, or where a creditor, after an act of bankruptcy, attaches a debt due the bankrupt, obtains…
2Cases cited1 opinion
- Hubbell v. GaleSupreme Court of Vermont · 1830
3Cited by8 opinions
- Wellman v. MeadSupreme Court of Vermont · 1919
- In re KelloggCourt of Appeals for the Second Circuit · 1903
- Burnett v. WardSupreme Court of Vermont · 1869
- Lasater v. First National BankTexas Supreme Court · 1903
- Roberts v. Estate of BurtonSupreme Court of Vermont · 1855
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