MR. JUSTICE BREWER, after stating the case, delivered the opinion of the court.
It will be perceived that nowhere in the bill is it alleged that the failing debtors Heidweyer & Stieglitz ever executed any formal written assignment for the benefit of creditors. It is charged that they gave to certain creditors judgment notes, and assigned and delivered their bills and accounts to one of the creditors in trust; that these judgment notes, with the proceedings had...
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