Edward Terry Sanford

“ The petitioners contend that by permitting Smith to continue the prosecution of the suit after his adjudication in bankruptcy they were deprived of a right, privilege and immunity under the Bankruptcy Act. ”

“ The institution of such suit will result in no harm to the estate. For if the trustee prefers to begin a new action in the same or another court in his own name, the one previously brought can be abated. If, however, he is of opinion that it would be to the benefit of the creditors, he may intervene in the suit commenced by the bankrupt. * * * If the trustee will not sue and the bankrupt cannot sue, it might result in the bankrupt's debtor being discharged of an actual liability. ”

“ Ry., 186 N. Y. 58, 60, 78 N. E. 574, 116 Am. St. Rep. 530, 9 Ann. Cas. 542; Griffin v. Mutual Life Ins. Co., 119 Ga. 664, 665, 46 S. E. 870, in which the opinion was delivered by Judge Lamar, later a member of this Court. ”