The New York herald., 1871-02-04
B A NJ K r UP TOY.
Important TO Creditors In the Selection of
ASSIGN CD eci.ion by J ladge Rlalchford.

Important TO Creditors In the Selection of
Assignees-Deci-ion by Judge Blaichford.
In e Mdter Of EsTa NJ Ssrens Involuntary nk7pThis
case at present undergoing investigation before Register
Theodore b. Gates Cak The Register cer.ifes the
lowing case to Judge 3lachford for his decison:-
AT the frst meeting OF creditors G. appeared for
the petition'ng and sundry other creditors, while the
residue of the creditors represented by other
se The petition was filed in this the eth
Of September, 1870, and the adjudication thereon
the following 10th Of october. The question
being right of thus represented
proofs of claims fled nth the Register
for assignee. Mr.. sexas Suspend" sundry
proof until appointment Of assignee upon the ground
that the creditors holding suo claims had severaly sought
TO obain an had obtained preerence over other ced
the motion read atdavita. The substance Of the
%s% ssss oss
Rowe Cornc Horton Co.. and Addison Z. Gr.swod being
iD.sIvsa, and sSs % u. dss!: sssy
Gss d n
Ps:siss SsSGTss
fsS't'f' iiS of 6c.5SeI iso which does not sp %
ssts ;.ss Sss
s or hs s snq
rapa on September 1870 EsscSson: were sa5ssquenay
sooes. These claims had sssdy proven and
provided in the 2sd section of the BANK
claims proper subjects Of proof
under existing circumstances, they
presented In the choice OF assignee The Register there
in order to submit the question to Judge Batchor
shown that would require and justify the
sgnee II they do show such then would Regis.
ter s hs y
several Judgments and place themselves az they
position 10 their claims the principle down
by the judge in stephen Brown. The Register nntici
pates this latter question in expense
GuCh n yare
JU6GE BLATCHroRp's DECISION
Judge Batchtod renders his decision the above
BY eighteen provided that no person who has
received preference contrary the
section and TO the register By rule ak OF this
POSTPONE proof OF claim until assignee chosen
claim or as to the right Of the creditor prove IT,
and an opinion entertained that such validity or
right ought to be investigated by the assignee in
whether the claim vabd In view Of the receipt
preference contrary to the provisions OF the act by tho
creditor The provisions which when debt cannot
be proved OF the acceptance preferences by the
creditor found in sections 2 a9 So register
ought to exclude from yons for assignee who
their debts He do so by postponng the proof OF such
claims till after the election or appointment OF assignee
such caims have been produced 70 and filed with him.
Whether under these rules OF law, tho afdavs
the register in this sufficient point OF Jus
y and require him TO exclude any all OF the creditors
named from voting for assignee be only by
saying that those ought TO be excluded appear
bankruptcy ed others Taking property on
attachment execution Is receiving preference. Merely
obtaining Judgment is not As to the second question
OF In browne 60 Bankrupt Register 1857, for creditors
who recovered judgment after the adjudication
the luds provided such claims
Otherwise properly pIoyabe under the views above ated