Page:Federal Reporter, 1st Series, Volume 6.djvu/493

 DOTI V, JOHNSOK. e81 �act when his rights as aseignee are menaced, or it is neces- saiy to institute litigation to h&vti those righis proteoted or ascertained. �In this case he bas confesBedly ail the i)roper1;y the bank- rnpt had, and is in no danger of losing it. There is, theref ore, no sufiacient motive for the suit. The bare faot that the sale was Toid is no reason for setting it aside, so long as the assignee bas the property^ and ail that be oonld obtain in any event by the most suooessfol litigation. �The bill is diemissed. ���DoTT and others, Assignees, etc., v. Joehsoit and others, Admiuistrators, etc. �(Dutriet Oourti N. D. Nem York. Mardi 8, 1881,) �1. Statotb 01' LmiTATioNB— Debt Ownsro BAHKBnpT— Bet. 8t. J 6067. The limitation prescribed bj section 6057 ot the Revised Statutes, in relation to suits "between an assignee in bankruptcy and a pe^n claiming an adverse interest touching any propertj or riglits of prop- taXj transferable to or invested in such assignee," is applicable to an action brought by the assignee to collect a debt owing to the bank- rupt �S. Baub— AssiOKDB Dbbtob to Baitsbikft— Bet. Bt. f 6087. �Where, however, the debtor is the assignee of the bankrupt, tha statute dœs not begin to nin until the death of the assignee. �8. SAUB— Co-ABSiaiTBB— ESTOFFBL. �The representatives of such assignee are estopped from claiming, npon his death, that an action could have been maintained by hia co-assignee within the time limited by the statute. �4. Sajcb— Repbbsbntativbs of Dbcbabed Assignbb — Statb Statdtb. Suit must be brought against the representatives of such assignee 'within the time limited by section 6057, althoughtmder the provisions of a statute of the state of the deceased assignee the term of 18 months was not to be deemed any part of the time limited by law for the commencement of actions againt his administrators.— [Ed. �Thoa. CorUtt, for plaintiffs. W. C. Rager, for defendants. T.6,no.5 — 31 ��� �