Duffield v. . Horton
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, in favor of plaintiffs, entered upon an order reversing a judgment in favor of defendants, entered upon a decision of the court, on trial, without a jury, and directing judgment for plaintiffs.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, in favor of plaintiffs, entered upon an order reversing a judgment in favor of defendants, entered upon a decision of the court, on trial, without a jury, and directing judgment for plaintiffs. (Reported below, 10 Hun, 140.) This action was brought by plaintiffs, as assignees in bankruptcy of Charles T. Yerkes, to recover a balance alleged to-be due from defendants to the bankrupt. The court found, in substance: That, on the 18th day of October, 1871, one Bouvier commenced an action against.…
1Opinion of the CourtAllen, J.
By the proceedings in bankruptcy against Yerkcs, and the assignment of his estate to the plaintiffs as his assignees, the attachment at the suit of Bouvier, under which the debt due from the defendants to the bankrupt had been seized, was absolutely dissolved. It did not require the intervention and action of the court, but by act and operation of law the assignment under the direction of the court in bankruptcy of the estate of the bankrupt transferred the property of the bankrupt by relation as of the' day of the filing the petition in bankruptcy, and worked a dissolution of the attachment,…
2Cases cited1 opinion
- Miller v. . BowlesNew York Court of Appeals · 1874
3Cited by3 opinions
- Conner v. LongSupreme Court of the United States · 1881
- Wilkinson v. RaymondAppellate Division of the Supreme Court of the State of New York · 1903
- Douglass v. FerrisNew York Supreme Court · 1892