Doe v. Hyde

Citations

• 114 U.S. 247
• 5 S. Ct. 841
• 29 L. Ed. 142
• 1885 U.S. LEXIS 1755

Syllabus

<p>D, a creditor of a bankrupt, bolding two securities therefor, after being cited in a proceeding commenced against him by the assignee in bankruptcy, by petition, to obtain tbe delivery of the two securities, as being unlawfully .in his possession, delivered up one of them to the assignee, in July, 1871. In November, 1872, the assignee sued D to recover the other security, and in 1877 it was decided in that suit that D was entitled to hold it. There being a deficiency on the debt, and the assignee having collected the security delivered to him, D, in 1879, sued the assignee to have its proceeds applied on the debt: Held, That'the right of action' accrued to D in July, 1871, and was barred by the two years’ limitation prescribed in § 3 of the Bankruptcy Act of March 3, 1867, 14 Stat. 618, and.§ 6057 Rev. Stat.</p>