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38 How. Pr. 392

In re Kingon

United States District Court

Decided February 15, 1869

United States District Court · decided 1869-02-15

The above entitled cause is now pending before me. That it appears by the schedules annexed to the petition of the above named petitioner for adjudication of bankruptcy and the amendments of the same, that the assets consist of a small amount of money, a few notes, and a large number of book accounts, amounting in the aggregate to about $17,000. .There is no proof before me that any part of either of the notes or book accounts are collectable.

Cited by 1 later decisions — most recently July 1872

Good law ✅— No negative treatment on recordhow we know

Decided 1869-02-15

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Blatchford, J.

¶1No reason is shown why the assignee should make the addition suggested to his return, nor is it shown how such addition is proper or necessary, or what particular object is to be subserved by his making it, or what interest of the bankrupt is to be promoted by making it, or to be injured by not making it. I therefore decide that the assignee is not required to make it.

¶2note—It is to be regretted that the motion papers which contained all the facts showing the necessity for the additional return by the assignee were not before Judge Blatchfokd, as a decision upon the principle of the rights, powers and duties of an assignee, and the powers of the court over him under the bankrupt law, discussed by the Register, is very much wanted, to settle the practice on these points. (Ml.)

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