73 N.Y. 218 | NY | 1878
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By the proceedings in bankruptcy against Yerkes, and the assignment of his estate to the plaintiffs as his assignees, the attachment at the suit of Bouvier, under which the debt due from the defendants to the bankrupt had been seized, was absolutely dissolved. It did not require the intervention and action of the court, but by act and operation of law the assignment under the direction of the court *222
in bankruptcy of the estate of the bankrupt transferred the property of the bankrupt by relation as of the day of the filing the petition in bankruptcy, and worked a dissolution of the attachment, and a discharge of the lien upon the property attached, the attachment having been issued within four months immediately preceding the commencement of the proceedings under the act of Congress. (14 U.S. Stat. at Large, 517, § 14; U.S. Rev. Stat., § 5044; Miller v. Bowles,
The judgment must be affirmed.
All concur, except RAPALLO, J., not voting; MILLER, J., absent.
Judgment affirmed.