United States Supreme Court Cases & Opinions

U.S. Supreme Court

Doe v. Hyde, 114 U.S. 247 (1885)

Doe v. Hyde

Submitted March 31, 1885

Decided April 13, 1885

114 U.S. 247

Syllabus

D, a creditor of a bankrupt, holding two securities therefor, after being cited in a proceeding commenced against him by the assignee in bankruptcy, by petition, to obtain the delivery of the two securities, as being unlawfully in his possession, delivered up one of them to the assignee, in July, 1871. In November, 1872, the assignee sued D to recover the other security, and in 1877 it was decided in that suit that D was entitled to hold it. There being a deficiency on the debt, and the assignee having collected the security delivered to him, D, in 1879, sued the assignee to have its proceeds applied

Page 114 U. S. 248

on the debt. Held that the right of action accrued to D in July, 1871, and was barred by the two years' limitation prescribed in § 2 of the Bankruptcy Act of March 2, 1867, 14 Stat. 518, and § 5057 Rev.Stat.

The facts are stated in the opinion of the Court.