128 Mass. 473 | Mass. | 1880
The bankrupt act of the United States provides that, if no choice of assignee is made by the creditors at the first meeting, the judge, or, if there be no opposing interest, the register, shall appoint one or more assignees, and that “ all elections or appointments of assignees shall be subject to the approval of the judge; ” U. S. Rev. Sts. § 5034; that, as soon as an assignee is appointed and qualified, the judge, or, where there is no opposing interest, the register, shall make an assignment to him of the debtor’s property; § 5044; and that “a copy duly certified by the clerk of the court, under the seal thereof, of the assignment, shall be conclusive evidence of the title of the assignee to take, hold, sue for and recover the property of the bankrupt.” § 5049.
We have not considered whether the facts of this case show a want of such approval of the plaintiff’s election as assignee as