Legal Opinion

Bird v. Caritat

New York Supreme Court

Decided August 15, 1807PublishedCited by 25 opinions

Tuts was an action of assumpsit. The declaration stated, that on the if 1st December, 1801, and before the bankruptcy of Robert Bird, the said Bird, Savage &f Bird, were copartners in trade, and that the defendant was indebted to them before the bankruptcy of the said Robert, in $2,500 for money laid out and expended, and the like , sum for money lent, and the like sum for money had and received, and the like sutn on an insimulcomputassent, &c.

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Tuts was an action of assumpsit. The declaration stated, that on the if 1st December, 1801, and before the bankruptcy of Robert Bird, the said Bird, Savage &f Bird, were copartners in trade, and that the defendant was indebted to them before the bankruptcy of the said Robert, in $2,500 for money laid out and expended, and the like , sum for money lent, and the like sum for money had and received, and the like sutn on an insimulcomputassent, &c. The defendant pleaded four pleas : 1st. Non assumpsit. 2. That the two first named plaintiffs were joint traders with Robert Bird, in Great Britain,…

1Opinion of the Court

Kent, Ch. J.

The demurrer to the second plea raises the question, whether the assignees under a commission of bankruptcy, sued out in England, can maintain a suit at law here in their own names. This is more a question concerning form than substance, for there can be no doubt of the right of the assignees to collect the debts due to the bankrupt, either by a suit directly in their own names, or as trustees, using the name of the bankrupt- It is a principle of general practice among nations, to admit and give effect to the title of foreign assignees. This is done on the ground, that the…

2Cases cited1 opinion

  1. Lowry v. LawrenceNew York Supreme Court · 1803

3Cited by25 opinions

  1. Rowley v. . the Empire Insurance Co.New York Court of Appeals · 1867
  2. Jennings v. Chenango Mutual InsuranceNew York Supreme Court · 1846
  3. Andrews v. HerriotNew York Supreme Court · 1825
  4. Matter of Accounting of WaiteNew York Court of Appeals · 1885
  5. Kleine v. CataraU.S. Circuit Court for the District of Massachusetts · 1814

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