In re Metzger

N.D. New York

In re Metzger

17 F. Cas. 231, 2 Nat. Bank. Reg. 355

District Court, N.D. New York·Decided July 1, 1868·Published·Cited by 1 cases

Opinion

HALL, District Judge.

The position assumed by the assignee was the proper one; he represented the whole body of creditors, and it was his right and duty to contest the validity of any mortgage by which one creditor had obtained a preference over the others, the whole object of the bankrupt law [of 1867 (14 Stat. 517)] being to compel an equal distribution of the failing debtor’s property among all his creditors.

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HALL, District Judge.

The position assumed by the assignee was the proper one; he represented the whole body of creditors, and it was his right and duty to contest the validity of any mortgage by which one creditor had obtained a preference over the others, the whole object of the bankrupt law [of 1867 (14 Stat. 517)] being to compel an equal distribution of the failing debtor’s property among all his creditors.

In re Metzger, 17 F. Cas. 231, 2 Nat. Bank. Reg. 355 (N.D.N.Y. 1868).

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Opinion

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