Page:Federal Reporter, 1st Series, Volume 5.djvu/189

 DABLINa V. TOWNSBND. " 177 �M. Devine, for plaintiff. �W. A. Butler, for defendants. �Choate, D. J. These are suits in equity brought by the assignee in bankruptcy of Ferris, Mahoney & Co. to re- cover the value of certain property belonging to the bank- rupts before the filing of the creditors' petition, on •which the defendants levied their executions within two days before the commencement of the bankruptcy proceedings, and eut of which their debts have been in part satisfied by the applica- tion thereto of the proceeds of the sale of the goods by the sherifiE under execution. These defendants obtained attach- ments against the property of the bankrupts in suits brought on their claims, and on the twenty-ninth of October, 1869, the sheriff levied said attachments on the bankrupts' stock of goids, and the fixtures in their store. The suits were in the superior court of the city of New York, and the supreme cour'» of the state of New York, and the bankrupts, the de- fenaants therein, had until the eighteenth day of November to answer, so that until that day no ]udgment could be taken against them by default. But on the thirteenth and fif teenth of Novembôr the bankrupts gave written offers to allow judg- ment to be entered pursuant to the provisions of the New York Code then in force, (section 385 ;) in one case for the exact amount of the claim, with costs, and in the other case for an amount slightly in excess of the claim, with costs. Judgments were immediately entered in aocordance with the offers; thatof Townsend & Co., entered November 13th, being for $l,089.4e, and that of Wright & Co., entered November 16th, for $806.86. On the fifteenth and sixteenth of Novem- ber executions were issued on these judgments to the sheriff, who thereupon levied on the goods and fixtures already held by him under the attachments. On the third of November another crediter of the bankrupts, who had sued them in the marine court of the city of New York, and obtained judgments, issued his executions to the sheriff for $490.99; and on the tenth of November other creditors who had recovered judg- ments issued their executions for $1,628.25; and from the time of receiving these executions the sheriff held the gooda �V.5,no.2— 12 ����