The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-09-08
UNITED STATES ClsTaCT couaT---iN BANKRUPTCY
Power 81 Appointing ADMINISTRATION
Filed.
Before judge Blstchford

IN The Matter # A0tiner e. Cogs,ceU, Bankrup.-
Judge Blatchiord has given the followse opinion in
Cd csse:-The Register ut the request of the bank.
rup has certified the following question for the de-
ci.ion OF the Judge Where crsitor attends the
place and time specified tho warrant no,co for
the first meeting Of creditors does she law provide for
require the appointment Of assignee Of the bank
rupts estate? Tue Register IN hs certificate that
no provision OF tie oct provides for tho appoint
ment Of assignee where there Is not q meeting
OF creditors; tna the only case in which Register
expressly authorized TO appoint an assignee Is where
no cno,ce - made by the creditors at the
first meet'ay lsecon thirteenl; that ir there is
q meeting lhis does not occur; that
meeting rs Indispensable condition Of this Do wer
that the Justices OF me Supreme CoIrs have
regarded the Jaw not having prescribed form for an
appointment by Register except whore no choice
made By the creditors the meeting form No. Ill
that he twenty third and twenty ninth sections OF the
act however, clearly contemplate assignee every
bankruptcy; tst oy necessary implication there must be
poser 20 appoint that the case under consideration,
as tie proceedns = before Register he must possess
tho power " make he appointment, and that tie
cpinion OF the Register therefore, that In the
ntioned IN the question the law does provide Tor and
require tn sppoinim-nt Of sssignee 81 the bank
rupts estate. The R~s his CONCLUSION,
that In cas-. no creditor attends at the place and
specified In the warrant and notice ihe Aist
meeting OF credlots the law provides for
AID reql ga the appointment OF assignee
OF the 0snkrupts esaie II tho Regisler attends the
time sod place specified la the warrlnt aud aocs for
thu hrst 0f creditors and creditor has proved
dcbt, the meeting " held within purview of l,s
fuilv sui sVNOiusls tl falt3 had
and cred tors nal s.enlcd bsen cated Al tho
meeting. and tho contingency happens which ths ,hr.
tesnth section SPEAKS ouanoiy, tho in ency that
choice ~ made the creditors at the me tng IL
creditors have proved their debts aud attend
presented but fa 10 choose ync., tncn
l. made by the creiitcrs n creditor has proved
debt. that creditor a night ~ vote In the chci
OF assignee then equal, there is choice OF
ssnee made by the creditors In either case the Judge
or, II there be opposing Interest," tie Register Is 10
appoint one more gncet
" tts xisr " cAples 4 Hsrfqd Bintrsp' Tho
pet Toner he'd nlei hs reuiioI for bis discharge n
bankruptcy. Tue svssox National Bank, a. Newton,
usd recovered against Mcrfor w supreme Court Of
the etse nj Nes York, on ie Isl OF June 1891, JUDI
m.nt '"r the SUN ~ sz .BT 81 IDe bankrupt obtained
an vfder from the court RESTRAINING the sheriff of the
CIV OF New YORK fron nasa. reform this judg ment
peniius shs proreed.nrs "a bankruptcy. The Sussex
NaliouAl Hans "a "a AID aegs that . mouse and
ct At 80 West Seyentreuth Stree ~ this CIV formerly
tue rroperty VI Mirlrd Ia, o-el " him con.
veyed e. Anihcnv u NariorJ, who, with his
wife. has conveyed the 60 tho wife Of
Jhsrles Norlorl that ths hpuso 90 reality belongs to
Charles acrfori, AMI that tacy now fear that this
house viii ps conveyed away or norts,gsd On motion
oi counse fOr the bank toe nodded the order
90 FER ~ I" permit tue bank 10 aud
10 judgment action 10 set aside the conve ances IN
qIestnn ana declare them 10 oe void and made w de-
fraud Nor ords cred tors aud tar ~ to permi. Tie
ehorId 20 reiufn said execution
r<ffrInSs ft;rp
Petitions lodged ycsterisy.-Frsncis r. vel vslne
Charles =. Roper, Lipnan hsJeG, E'nh usrncr all al
NsN YORK Gig. Number 81 petit, M loa oil IA the
southern d.sr'ci OF Nes YORK no to yesterday, "a