The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1868-04-25
United sra e~ Circuit. Cour,

JUDGES CLIFFORD AN FOX PRESIDING.
FRIDAY-B T. Manson, Assignee in equity. VS.. Fl.
2. Deane ct ais. In Bankruptcy -TLis is pro-
ceeling insu,e by Benjamin 7. Manson, the as =
signee OF Sewall c. Chase, George o. K. Cram and
Henry l.. S urevant, az inst Henry p Deane ct S.
to de ermne questions arising between the complain
ant anlrespondents, concerning the and effects
If the bankrops in the hands and posse sion of the
defendant Deane. ...--
The proceeding is in bankruptcy. aad is commenced
in this Court by virtue of section second OF the Act
or March 2, 1867, which provides "that the Circuit
Courts shall have concurrent jurisdiction with the
District Courts of the District, OF all suits at
law or in equity, which may or shall be brought by
the assignee in bankruptcy again any person CLAIM
ing an adverse interest," or by such person against
such assignee touching any property rights OF
property of such bankrupt tran ferab or vested
in such assignee"
The jurisdiction of the Court is ample and COM
pete and ext nds not only to the hearing and deter
minaion Of the case, but to the necessary DEGREES
and remedial process to afford the relief sought in
the prayer of the mplanant.
The case as presented by the bill and answer is
this:
On the oath day of October, A, d. 1867, SewaIl c.
Chase, George o. X. Cram and II tnry L. Sturtevant
merchants and co-parners in business, fled in this
DiStric their voluntary petition in bankruptcy, and
afterwards upon that petition were duly adiudged
bansrup;s and the complainant i'll this bi was
chosen their assignee in with the provs-
ions OF the Act OF March 2, 1s67.
In the petition annexed. preferred to in the bilI
the bankrupts disclose personal property rights and
credits TO the estimated value of eighty-one thou
sand eighy-one dollars and sixty cents. which, as
thy alege. they assigned to the responde Deane
Tor he benefit Of their creditors and that this prop
erty, together with all their books and voucher
were in the hands of the respondent Deane
This assignment OF the property of said bankrupts
to said Deanc was male on the 9th day of April A.
D. 1861 anil less than fur months prior to the Cling
of their ttion in bankruptcy, under and by virtue
Of the provisions of clapte 10 of tho Revised Stat
a'es Of tn STATE OF Maine, kno0n as The Insovent
Law. By this assignment the bankrupt+ attempted
to convey TO sad Delns. in trust for such creditors
as should bec1m parties to said ignment, all The IL
estate of every name and nature that they then rs
sessed.
This property was held by Deane at the conn ance-
ment of the rocealines in bankruptcy, and Ct the
assignment Of II property OF the banarupis 10 the
comp ainant to The provisions of lac bank
rupt act.
Ai4ef the assignment to the complainant. ,e made
formal demand unon the spondent :. the
property of the blnkrups, but was ref d.
To obtain possession OF this propertv an ne
books and papers touching the afIirs ot the l.
rupts in the hand Of The respondent Daane, ant
compel proper transfers and eonveyances of a.
properly to him, this mpainant, as the assignee
the bankru is under the laws of Congress, "a, fL~
his bill in eq div.
Two leading questions are presented for the con-
slderation of the Court
Fast-Was the assignment of April 27 1867 by
Chase, Cram & Sturtevant to Henry P Deanc, un
der and by virtue o. the tate law valid AMI effect
Il to convey to him the title the propary therein
named, and tor tie purposes therein mentioned
And
Secondty-If such assignment was valid at the time
OF its execution wou t be efe ctual to enable the
pendent Deane to withhold from the assigr ee in
bank" ptcy the property named in i'll signment,
the proceedings in bankruptcy having been com
mencel within four months from the date of the IN
veyance?
The case vas argued before the judges by Mr. A
A. Strout for the complainant Mr. John Rand FL
lowed for the respondents and Gen. Shepley clcs,d
fol- complainant. Decision reserved.
Shelley & Strout. J&E.M. Rand.
Montreal OCEAN Steamship Company vs.. Pla es
OF 1ron Motion to dismiss suit for want of prosecu-
lion. After discussion by counsel the Court ordered
the suit 10 be dismissed with full costs for the claim
ants.
D. d e. n Rand. Smi,h & Reed.