In re Metzger
17 F. Cas. 231
N.D.N.Y.
1868
Check Treatment
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.