United States Supreme Court Cases & Opinions

U.S. Supreme Court

Conner v. Long, 104 U.S. 228 (1881)

Conner v. Long

104 U.S. 228

ERROR TO THE CIRCUIT COURT OF THE UNITED

STATES FOR THE SOUTHERN DISTRICT OF NEW YORK

Syllabus

1. The title to the goods of a party who is subsequently declared a bankrupt, which vests in his assignee when the assignment for which the statute provides is made, relates back to the date of filing the petition in bankruptcy, although they are then held under an attachment levied upon them within four months preceding that date.

2. When, prior to such filing, the goods so levied upon were sold under the writ and the proceeds remain in the hands of the sheriff or are thereafter, and before the assignment, paid by him to the attaching creditor, the title to the goods is not transferred to the assignee, but his right to the proceeds inures, and he may maintain an action therefor against the sheriff if that officer retains them, or against the creditor if they have been paid to him. When the goods are sold subsequently to such filing, no title passes to the purchaser, they then being the property of the assignee.