Page:Federal Reporter, 1st Series, Volume 4.djvu/821

 Kl EE BRICK. 807 �Section 5044 provides for the assignment of the bankrupt's estate to the assignee by the judge or register as soon as the assignee bas been appointed and qualified, and the property which is vested in him by the deed is set forth in section 6046, to-wit: "AU property conveyed by the bankrupt in fraud of his creditors ; ail rights in equity, choses in action, patent-rights, and copyrights; ail debts due him or any per- son for his use, and ail liens and securities therefor; and ail his rights of action for property or estate, real or personal, and for any cause of action which he had against any person arising from contract, or from the unlawful taking, or deten- tion, or injury to the property of the bankrupt ; and ail his rights of redeeming such property or estate, together with the like right, title, power and authority to sell, manage, dispose of, sue for, and recover or defend the same, as the bankrupt might have had if no assignment had been made," �It will be perceived that this includes causes of action which the bankrupt had against persons arising from con- tract, or from the unlawful taking, or detention, or injary to his property, but not causes of action arising ex delicto; and elearly the bankrupt is not required to put upon his sched- ules any rights which would not pass to the assignee. �I am not without authority for this construction of the statutes. In In re Crockett, 2 N. B. E. 210, the learned judge of the district court of the United States for the south- ern district of New York had occasion to examine into the question whether there were any assets of a former copart- nership in existence at the time of filing a petition in bank- ruptcy. In speaking of one of the alleged assets he says: "The claim against Black Brothers & Co. is shown to be a daim in suit arising from the fact that Black Brothers & Co. recommended a certain person to the copartnership as worthy of trust, and the copartnership, on such recommen- dation, entrusted marchandise to such person for sale, and he disposed of it, and did not account for the proceeds. The suit is brought for fraudulently and deceitfully recommend- ing a person as worthy of trust and confidence. Such a claim is not within the description in the fourteenth section ����