Barstow v. Adams
Supreme Court of Connecticut
In the Court below, m | HIS was an action of ejectment. The defendants pleaded in bar, that the commission issued on the petition of John Parish, Esq. he being the sole petitioning creditor; that his debt did not exceed g 560—but that sundry other creditors had assigned to him certain notes against the bankrupt, upon no other consideration than that they should receive a dividend under the commission, in proportion to their respective notes, which, with Parish’s own debt,…
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In the Court below, m | HIS was an action of ejectment. The defendants pleaded in bar, that the commission issued on the petition of John Parish, Esq. he being the sole petitioning creditor; that his debt did not exceed g 560—but that sundry other creditors had assigned to him certain notes against the bankrupt, upon no other consideration than that they should receive a dividend under the commission, in proportion to their respective notes, which, with Parish’s own debt, did not exceed g 1100; that the bankrupt was not indebted to any one creditor to the amount of g 100Q,—. nor to two…
1Opinion of the Court
By the Court,
The judgment was reversed,
Allen and Edmond, Mats, dissenting.
The objections to the plaintiffs’ recovery are, that an action of ejectment cannot be sustained by the assignees of a *95bankrupt; and that the commission was not warranted, by the debt of the petitioning creditor.
1. By the act to establish an uniform system of bankruptcy it is provided, that the commissioners shall take into their possession, “ all the estate, real and personal, of every “ nature and description, to which the bankrupt may be en- “ titled,” and that they shall assign it “ to such persons as “ the creditors…
2Cited by11 opinions
- State Ex Rel. Rourke v. BarbieriSupreme Court of Connecticut · 1952
- St. John v. U. Piccolo Co., Inc.Supreme Court of Connecticut · 1942
- Steene v. AylesworthSupreme Court of Connecticut · 1846
- Weatherhead, Etc. v. the Lessee of Bledsoe's HeirsTennessee Supreme Court · 1815
- Betts v. LockwoodSupreme Court of Connecticut · 1831
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