Page:Federal Reporter, 1st Series, Volume 4.djvu/540

 62S rEDEBAIi BEPOBTEB. �local làw, shall not prevent a discharge in învoluntary cases, strongly confirms the views of the court above referred to and followed, as to the effect of such a general assignment in pre- Tcnting a discharge in a case of voluntary bankruptcy like the present. It is immaterial that the bankrupt, before mak- ing the assignment, consulted with some of bis creditors and was advised by them to make an assignment. So far as these opposing creditors are concerned, the evidence shows that before he consulted them he had already determined to make an assignment ; nor did they do any act, by advising him or otherwise, which should preclude them from insisting on this objection to his discharge, �The sixth specification is therefore sustained. The others are overruled as not proven. �Discharge refused. ���In re Chisholm and others, Bankrupts. �(District Court, S. D. New York., 1880.) �1. Absionee in Bankbuptct— Attachmbnt. — Money in the hands of an assignee in bankruptcy cannot be reached by attachment. In re Cunningh/im, 19 N. B. B. 276. �In Bankruptcy. �J. A. Seaman, for petitioner. �W. F. Scott, for assignee. �E. R Olcott, for Planters' National Bank. �Choate, D. J. This is an appHcation for an order on the assignee to pay a dividend to the petitioner, who, by order duly made, has been subrogated to the rights of a crediter ■whose debt has been, after contest, established as proved. The answer of the assignee shows that before the dividend was actually declared, but after the meeting at which it was deelared was called, he was served with a \va.rrant of attach- ment against the original crediter, issued by a state court, in an action brought against that crediter by the Planters' National ����