Sanderson v. McIntosh

Myrick, J. This action was brought to compel an assignee in insolvency to perform his trust and account for the property assigned. The court below gave judgment of nonsuit on the ground that the plaintiff had mistaken his remedy. We are of opinion that the remedy afforded creditors under the law regulating insolvency proceedings is not exclusive, but that courts of equity have jurisdiction. Judgment reversed and cause remanded for a new trial. Thornton, J., and Sharpstein, J., concurred.