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S.D. West Virginia· 4/21/1902

In re Mays

Citations

  • 114 F. 600
  • 1902 U.S. Dist. LEXIS 321

Syllabus

<p>1. Bankruptcy — General Assignment — Allowance to Assignee.</p> <p>An assignee under a general assignment for the benefit of creditors, where the assignor is adjudged bankrupt within four months after the assignment, is not entitled to any allowance for his services in the care and preservation of the property, since the assignment, being an act in violation of the bankruptcy law, to which he was a party, he becomes merely the agent of the bankrupt.</p> <p>& Same.</p> <p>Such assignee is entitled to an allowance from the estate for the actual and necessary expenses incurred in preserving the property while in his possession, since such expenses would have been provable debts of the estate had they been incurred as such by the bankrupt</p> <p>(Syllabus by the Court)</p>

Judges: Keller

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