A Treatise on the Law and Proceedings in Bankruptcy, Vol. 2 (Classic Reprint)

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Excerpt from A Treatise on the Law and Proceedings in Bankruptcy, Vol. 2Fed. Rep. 866, 25 Am. B. R. 313, Judge Toulman said: He is the representative of the creditors of the bankrupt, and if he in any given case would have the right as their representative to institute a suit to set aside a fraudulent or preferential transfer, it seems to me it follows as a necessary con sequence that such creditors are entitled to do so, also, in the ab sence of a trustee, and to maintain the same until such trustee shall have been chosen, when he would be entitled to become a party plaintiff in the suit.See also Guaranty Title &trust, Co. V.-pearlman, 144 Fed. Rep. 550, 16 Am. B. R. 461, and In re Schrom, 97 Fed. Rep. 760, 3 Am. B. R. 352.About the PublisherForgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.comThis book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully, any imperfections that remain are intentionally left to preserve the state of such historical works.