Bank v. Cooper
Supreme Court of the United States
Appeal from the Circuit Court for the Northern District of New-York; the case being thus: On the 4th of February, 1870, the Troy Woollen Company was adjudgéd a bankrupt by the District Court for the Northern District of New York, and on the 11th of. March, 1870, ■one Tappan became the assignee. Soon afterwards Cooper, Vail & Co. proved a debt against the bankrupt amounting to $67,029, and on the 24th of July; 1870, filed the probate with the assignee.
Read the full summary
Appeal from the Circuit Court for the Northern District of New-York; the case being thus: On the 4th of February, 1870, the Troy Woollen Company was adjudgéd a bankrupt by the District Court for the Northern District of New York, and on the 11th of. March, 1870, ■one Tappan became the assignee. Soon afterwards Cooper, Vail & Co. proved a debt against the bankrupt amounting to $67,029, and on the 24th of July; 1870, filed the probate with the assignee. Subsequently, on,the 29th of November, on petition of the First National Bank of Troy, which had also proved a debt' against the bankrupt, the…
1Opinion of the CourtJustice Strong
The demurrer presents the¡ question whether the complainants? Bill se.ts forth .any equity; sufficient to’justify the court in granting the relief sought against the defendants..
No doubt when an executor or, administrator colludes with a fraudulent claimant against a decedent’s estate, and refuses to take steps to resist fife claim, any person interested in the estate may maintain an action against such fraudulent.dai'mant' and the executor or administrator for the purpose of contesting the claim. Bills in equity of this nature have been maintained. And if an assignee in bankruptcy,…
2Cited by3 opinions
- In re YoungstromCourt of Appeals for the Eighth Circuit · 1907
- Bacon v. RobertsCourt of Appeals for the Third Circuit · 1906
- In re BeckUnited States Circuit Court · 1887