Page:Federal Reporter, 1st Series, Volume 5.djvu/531

 IN BB MAnONEY. 619" �This was a petiiion by creçlitors for. the apppintmënt of an assignee in place of a deceased assignee df M- B. Mahoney. The case was reiei;redto ategisterin bankruptcy^ (Susses p. Davis,) wiio fouina. the folio wing f acts : In Jurie, 1837, the firm* of Jackson, Eidme & Co., composed of Jackson, Eiddle, and Mahoney,' became'insolvent and dissolvëd, Jackson retaining the assets as liijuidating partner. Prior to their dissolution they had commenced a suit in foreign attachment agaihst Warwick & Clegett, in which,,t|ie Gipàrd ,Bahk of Philad^l- phia was summoned as gaihishee. Àftei' the dissolution judg- ' ment was obtained in this suit àgainst Warwick & Clegett, and a writ.pf scire fdçias'iaaneà àgainst the gàrnishees. Ôh Septembër 2, 1842, Mahoney filed in this district, individu-' ally, and a^s ^ njember 'of the firm of Jackson, Eiddle & Co., a voluntàry petition in bahkrtiptcy,.iipon which'he.wàs adjudicated a bankrupt and subsequently discharged.' On Novem'ber 5,. 1 842, Eiddle filed a" similar petition ■ and was afterwards dischàrged. ' On SeptembeVS, 1,842, Jackson, indi-| vidually ^nd as a member of the firm, fiiea a similar petition in thfi district court for the eastern district of Louisiana, and in his schedliles set forth the fitm'assets. His assignee. sub-- sequehtly sold ail .the book acc'ounts çf the firm to one Dyas, ■who afterwards assigned them to Jackson. In 1845 the Girard Bank, gàrnishees in the attachmeiit'suitj filed answers and a plea of nulla hona. Nothing further was done in tlus suit until 1879, when, Ma,honey'8 assignee having died, the cred- itors of the firm of Jacksçh, Eiddle &; Co. filed this petition for the appointment of a ne w' assignee to cafry on the attach- ment suit. The register repdrted that the assets ôf the firm piassed to Jackson's assignee ànd not to Mahoney's assignee, and that consequenily'there'werB no assets for an assignee ôt the latter to coUeot. Othef questions^'including the effeci of lapse of time on the right to prosecute the attachment suit, were discussed before the register and the court. �Arthur Biddle, W. Wynne Wister, C. M. Husbands, and George W. Biddle, for petitioning creditors. �R. M. Schick and Benjamin Harris Brewster, for the Girard Bank. ����