Vetterlein v. Barnes

In the district court of the United States for the Southern district of New York, sitting in bankruptcy, Theodore H. Vetterlein and Bernhard T. Vetterlein were adjudged bankrupts. The adjudication was made February 7, 1871, upon a petition of certain creditors of the bankrupts, filed December 28, 1870. Taylor died July 1, 1871. Due proof of his death was made by B. T. Vetterlein and T. J. Vetterlein, and they were proceeding to collect the insurance moneys, when the present suit was brought in the district court, August 10, 1871, by Barnes, assignee in bankruptcy of Theodore H. Vetterlein and Bernhard T. Vetterlein, against the bankrupts, Theodore J. Vetterlein, and the insurance [171]

J. D. McPherson, Calderon Carlisle, and T. Mitchell Tyng, for appellants.

''Jas. K. Hill, Henry T. Wing, and Harrington Putnam'', for appellee.

Mr. Justice HARLAN, after stating the facts in the foregoing language, delivered the opinion of the court.