58 N.H. 607 | N.H. | 1879
The plaintiffs' right to prosecute this action is not defeated by the refusal of the assignee "to appear or recognize the suit." All property, rights of property, and choses in action, belonging to a bankrupt, and not by law exempt, pass by force of the decree of bankruptcy to the assignee, by operation of law, and become vested in his from the date of adjudication. U.S. Rev. St., s. 5046; Berry v. Gillis,
Where the assignee elects not to take the property or the rights of the bankrupt and charge the estate with the burden of an uncertain litigation, the property remains in the bankrupt, and the right, whatever it is, survives in the bankrupt. Copeland v. Stephens, 1 B. Ald. 594, 603; Fowler v. Down, 1 Bos. Pull. 44, 47; Amory v. Lawrence, 3 Clif. 523, 535, 536. In Towle v. Davenport,
In the present case, the assignee refusing to appear or recognize the suit, the plaintiffs may prosecute it for their own benefit.
Motion denied.
BINGHAM, J., did not sit: the others concurred.