, 1879-07-03
----1T-'--@-,S
THE COURTS.
judge Dlcdgots Decides that tho Hold.
er Of Unpaid Coupons
Can Demand md obtatn Payment Of
Interest Thereons
othei Deolaious. Nov, snits, Judgments,
= - 0onfssslons, Et1. II. =.

.. %! -'a '"r,
Judge Btolectt yesterday disposed Of couple
Of eases, and rondered opinions ut sone Ius,uth.
The frst was that Of Clark ". Tie County
Of Warren, suit to recover the amount of the
coupons on son,o Warren County bonds. The
Gully pofnt raiautl in tho prtacnt case was as to
whether tile plaintiff WOE entitled to interest OF,
the coupons after they maturGd or interest on
interest, The Court held that bo was 10 susl-
tied, and entered Judgment Ia. his favor for
slaBl3.65. There were alto = largo
number Of otller casea Of aImilar char
acter depending on i, tic decision In ths
case. Thtro was. however, this difference, that
IN all except the Clark casc tho plaintiffs bad
susrendcrod their COUPONS to tho Treasurer ard
had rrseIye te foes sas soRo1;. @ :, ,ntar a
est OH sl1tli coupons. notwithstanding tey MI
been surrendered un,lcr protest: ;; Judgments
we're .ccorslnuay cntorcd up tn al nle enses ior
'oS 'ss ao 'aH%ns uSs ss%sa sts ps. by
The Cnunty uf Warrou III 1871, ai,il about which
tmre has 6con 10 much llat1aifon. The defense
wns that auillcEettt notcc u the clcctiaf, at
United atntcs supreme Court, IN the Past aud
Marcy cases held is,at this dtfchsr could not be
set uD az against the boada ID Tho lnids Ut sub.
Scqucnt bona 0do holders.,. '.Et: ~ = ;
WHEN AN ASSIGNMENT IN FRAUDULENT
The other casc wus tint OF s1btlu W.Ale3ah1cr
and ottcra, Asatonecsot Pattctsoli u Co, naa!nst
Roswell Chapman, bill TO set d$.tte 4n i]eged
fraudulent iss1g,1tent by thc.: bankrupts to
Chapman 1t seelna tint jan. II, 1875, W. L.,
ttan1,ent of oil their property 10 the defendant
for tile huncat Of al, their creditors without
preferences, aB far az was shown by tic usagn-
ncnt. Tic defendant took pgnsriston the next
@ isl IN II tour. I rs scdsdilo 49,; assess fes ID
property, list Of creditor, and" hunl
as required pv law. Uu the a4th. Ut
Aas te seutnst The @ a thsr %nss y
adIutgcd bankrupta, tIle conpniiants being ap-
pointct tlltfr AkspMecs, 1lir lattcr then filed
q bit to set aside the voluntary assignment, M
iay M i.s % operation Of tu bankrupt Iaw, ana was M
mnde within tnrrn months Of, fllc tilnu OF i}inr
tI,r bankruptcy ipsition: secoul, hcca,lsr ii wns
mart OF series Of fraudulent acts by 'wl,icjl lie
baukrupts sought 10 prefer certain Of tl,eir
creditors,
:The ju]ce said tho prtncjpai u,,cation yas To
determine When tie voluntary assienu,eut tonk
elect. II 1t related back to ,hu l7th
three months before tic jlIus OF iIe
pc,iiiou: Willie II it ouiy bccstuc opcra-
Give when the schedule md boud
tnrrr months, Ths Iaw axt'rassly reuuIrsd ,he
tiinr ~ an inve,,t.,ry md iionl hv n vml.rtarv
Assirnee a,1,j. thonph Il tll not In eYrrss ter,us
ucrIarn Thcro ti,u titiu OF tic uasieno nro,nrty
should rest In tho AsetRttcc vet 1t4 difference
was ccrtainly very strJn,s iHilt t,,"L Lorfsiaturn
tatu,od i'm, m nrt shni,1,f h hcrf4.f,sd i;D III"
Assignee. in tbs way Of ttfsposintt III the trust
property uni the inventory llt,l bond were filed.
From the language Of tle stntnte, thu Judge
said he te't very certain tlat Il was not Intended
tint LIZ should be clothed with tho power 10
had flied bis inventory md given
bond. Beforc that the aasignnent
was tnohonfc. II must, therefore, be held Tint
the assignment did not tlks ctfect % ugansl
bankruptcy until ttl!c Assignee flied his inyet,-
tory anl bond, all1 that as bankruptcy Inter
rencd ~ less than three tnonths from that time
the INSTRUMENT must ny held TO ne void. There
were u,llrr points mnda Us to.tlln character OF
t!'Gossianlcnt. but It yas Hst ieffHsarrg tN1q9n.
sidec them: as thc deoislan Warld eae2assa 2 gu
the first point nloilc Us to thu time of hltnR tho
voluntary assignment -.
TuH CHICAGO ."LAw JOURNAL"
About the Tina the Anncl1ato Court was