In re Doe
In re Doe
Opinion of the Court
In this case the register, in transmitting to the court the result of the first meeting of creditors, certifies to the court that at such meeting one creditor who had proved his debt appeared; that only one debt was proved; that the register enquired of such creditor if he desired to elect an assignee; that such creditor replied that he would elect Mr. -, who was present; that as Mr. - had been elected in six out of the last ten cases before the register, the register thought it right to make enquiries of the creditor concerning the choice, and elicited from him the statement that Mr. - was a stranger to him, and
In addition to the facts stated in the certificate above-mentioned. I have been addressed by Mr.-himself, who states that he proposes to make a regular business of seeking out creditors of bankrupts, and soliciting them to prove their debts and vote for him as assignee, with a view to such .pecuniary emolument as may legitimately belong to the position. He is very frank on the subject, and states that he had no idea there was anything improper in what he had done, or proposed doing, and if the cotut thought there was, he would at once desist. .1 have before me now, unapproved as yet, the election of the same Mr. .- in another case, at an earlier date, before the same register, as assignee. I have also before me, unapproved as yet. his election in three ■other cases, before three other and ditterent registers, as assignee. So far as appears from these cases his election was made in each of them by a single creditor.
To knowingly sanction election .of an as-signee made under circumstances such as those above stated, would be to open the door to abuses whose character can be well conjectured. A free election proceeding from the real choice of the creditors is one thing. An election persuaded by the importunity of the proposed assignee exorcised upon indifferent creditors, is another thing. The elections are disapproved in all of the cases above-mentioned.
Reference
- Full Case Name
- In re DOE
- Cited By
- 1 case
- Status
- Published