Mims v. Swartz

Citations

• 37 Tex. 13

Syllabus

<p>1. Judicial cognizance must be taken by the State courts of the Bankrupt Law of the United States, and of its provisions.</p> <p>2. The official acts of a bankrupt’s assignee cannot be collaterally impeached in a State court. An assignee’s bill of sale of an account is competent and sufficient evidence of the transfer of the account, even without evidence of the assignee’s appointment—that fact not having been put in issue by the pleadings. Nor is it necessary for the transferee to prove an order of the Bankrupt Court directing the assignee to sell the assets.</p> <p>3. The transferee of an open account may maintain suit on it in his own name, or he may sue in the name of the original creditor as a nominal plaintiff, for the use of himself, the transferee.</p>