The Portland daily press., 1871-08-10

debtor for the recovery OF debt OF Other
thing which might or ought to pass TO the as
signee oy the assignment. the assignee shall Il
ne cures u be admitted to prosecute the &C
non 10 ms own name in like manner, and with
Ike snect As q II had originally been common,
ca os bim. These provisions OF the l4ih ana
io'h sections include suits and actions pesu'
ing 10 the State courts, and are addressed 20
the Courts In which such suits or actions arc
| Ing quite as much as 10 the Federal courts.
The Jurisdiction Of the State courts IN cases
pending at the time of the petition 10 oanE-
| raptcy, is not extipgushed except III 0asos
| where the creditor proves bis debt.
The District Courts eau not exercise any
s,ns,v;.;on over the questions which may
| arise ia actions so pending in those courts.
The courts in which the cases NAV be pend
| ing have Jurisdiction over the parties and the
| subject matter subject only to the final judg-
| mrnt Of the Supreme Court Of the United
States in case any right or claim is set up un-
der any statute of the United States, and such
claim or right is denied by these tribunals.
There is another class OF actions described
in the second section Of the Act
which confers upon the Circuit Courts
Concurrent jurisdiction with the District
Courts OF all suits at law or in equity which
may or shall be brought by the assignee in
bankruptcy against any person claiming an
adverse interest or by such person against such
assignee touching any property or rights of
property Of said bankrupt transferable to or
vested IN such assignee. .
Whether the concurrent jurisdiction confer
red by this clause upon the Circuit and Dis
trict COurts over this class of cases be or be
not exclusive so as to take away any jurisdc-
ton from the State courts we do not under
take now to decide, for it appears clearly to
us that the suit pending in the Supreme Ju-
dicial Court of Maine is not embraced within
the class of cases described in the second Sec
ton of the Act.
This is not an action touching any proper
ty or RICH s of property of the bankrupt trans
ferable to or vested in the assignee" Ri
The claim is against the assignee, and its
recovery must depend not upon any
right OF liability of the bankrupt transferred
or vested in the assignee, but upon the effect or
result of the individual acts of the assignee
himself after his appointment.
In the discharge OF his duties as assignee in
administering the estate of the bankrupt the
assignee may incur expenses for rent, clerk
and about the business of the estate for which
he may be individually liable and responsible
to an action in any court of competent juris-
dic,ion. 4
The jurisdiction of the State courts over ac-
tions of this kind is not taken away by the ex-
press terms OF the bankrupt Act and therefore
1t remains there and its exercise can not be
impeded or interfered with by the Federal
Courts.
Although Seaman is described as assignee
the right of recovery in the action If the
plaintiff has a valid claim is not dependent up
on any acts or doings of the bankrupt, and the
plaintiff if he can recover in the action can de
SO without proving the official character of the
defendent as assignee as an element of his
right to recoverable fact of his being assignee
being only stated as descr ptio personae and
as inducement.
Decree of District Judge affirmed. Bill dis
missed with costs to be paid from the fund