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United States v. Fisher et al. Assignees of Blight, a Bankrupt, The U.S. 358 (1805)

handle is hein.slavery/ussccases0048 and id is 1 raw text is: SUPREME COURT U. S. v. THE UNITED STATS;S v. FISHER et al. AS- BLIGHT. S SIGNEES OF BLIGHT, A BANKRUPT.* In al cases of insolvency or ERROR- from the circuit court of the district of bankruptcy of P a debtor of the ennsyvania. United States, they are enti.. The action was instituted to try two questions, all the tied to priority necessary facts being conceded to bring the law before of paymet ofhis el. the court. The questions were, fects. 1. Whether an attachment laid by the United States, on property of the bankrupt in the hands of the collector of Newport in Rhode-Island, after the commission of bankruptcy had issued, is available against the assignees ? 2. Whether the United States are entitled to be first paid and satisfied, in preference to the private .creditors, a debt due to the United States by Peter Blight, as indorsor of a foreign bill of exchange, out of the estate of the bankrupt in the hands of his assignees ? The opinion of the court below was in favor of the defendants upon both points, and a bill of exceptions was taken by the United States. Dallas (attorney of the United States for the dis. trict of Pe.nsylvania) for the plaintiffs in error. 1. As to the particular right of Ai United States under the attachment. The title of the assignees is good against all who 'are bound by the bankrupt act. But we say the United States are not bound by that act. This exemption is not claimed as matter of prerogative as in Englnd, but by reason of an express legislative exception. By the 62d § of the Banhrupt law, of 4th April 1800, vol. 5, p. 82, it is enacted, that nothing contained in this law, shall in any manner affectthe right of pre- ference to prior satisfaction of debts due to the Uni- ted States, as secured or provided by any law hereto. * Present, Marzhall C. J. Cushing, Paterron, Washington and yohn. son, Justices.

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