In re Sweetser

Citations

• 131 F. 567
• 1904 U.S. Dist. LEXIS 221

Syllabus

<p>1. Bankbtjptcy — Assignment of Claims — Act of 1867.</p> <p>General order No. 34 of the general orders in bankruptcy (89 Fed. xiii, 32 C. C. A. xxxiii) adopted under the act of 1867 (Act March 2, 1867, c. 176, 14 Stat. 517) which provided that the register should subrogate the assignee of a claim “upon the filing of satisfactory proof of the assignment,” does not require any particular form of assignment, and the indorsement and delivery of notes which had been proved and allowed against an estate by the creditor to the assignee of the estate, with the intention that it should transfer the debt in payment of a personal obligation to the assignee, will be given effect as an assignment, as against a written assignment by the creditor several years afterward, made through a mistake, and in the belief that the claim had never been transferred ; it being shown that the first transfer was given and received in good faith.</p>