Page:Federal Reporter, 1st Series, Volume 1.djvu/853

IN BE SIMON UOSBB. 8e5 �Whether, in a suit in equity, the assignee can now bave any relief agaiust the former bankrupt to compel bis aid, if re- quired, in realizing the value of this asset, it is unnecessary to determine. Having failed to ask, within the time limited by the statute, for the summary aid of the court for the pur- pose, he cannot have any relief in this form. �Motion denied. ���In THE Mattee of Simon Moses. {District Court, 8. B. New Torh. March 4, 1880.) �BASKRCPTCT — PbOPERTY SuBJECT to A.8SIGNMBIIT — TiTLB OB' Thied �PaKsoN— In bb Beal, 2 N. B. K. 587. — Whatever money or property is in the possession of the bankrupt at the time of flling his petition, ■which he is actually using and holding as his own, passes to his assignee in bankruptcy, and he cannot set up in defence to the claim of the as- signee the title of a prior assignee under a general assignaient for the benefit of creditors, merely for the purpose of retaining such property in his own possession. �G. A. Seixas, for creditors. �F. R. Lawrence, for bankrupt. �Choate, J. This is an application on the part of creditera of the bankrupt, by petition, to compel the bankrupt to de- liver to the assignee certain moneys and property alleged to be in his possession at the time of flling his petition in bank- ruptcy and not delivered to his assignee. The bankrupt bas answered, denying that he had any such money or property ; but he now objeets to any further proceedings, and moves to dismiss the petition on the ground that, upon the case as stated in the petition, the assignee in bankruptcy bas no title or claim to the property, but that, if the bankrupt still holds it, it belongs to his assignee under a voluntary assignment for the benefit of creditors, executed before the filing of the petition in bankruptcy. �The case made by the petition is shortly this : The general assignment for the benefit of creditors was executed Decem- ber 19, 1877. The petition in bankruptcy was filed June 27, 1878. At and prior to the making of the general assignment ��� �