Maryman v. Dreyfus
Supreme Court of Arkansas
Appeal from Lafayette Circuit Court; Jacob M. Career, Judge; STATEMENT BY THE COURT. Appellee, ia corporation, successor to tbe partnership of S. G. Dreyfus & Co., sued for a balance claimed to be due upon a judgment and .alleged that a petition in involuntary bankruptcy was filed ag-ainst Maryman, wbo confessed in writing Ms insolvency and willingness to be ■adjudged >a -baMixupt, that he was duly adjudicated a bankrupt; that the said company succeeded to all the rights of…
Read the full summary
Appeal from Lafayette Circuit Court; Jacob M. Career, Judge; STATEMENT BY THE COURT. Appellee, ia corporation, successor to tbe partnership of S. G. Dreyfus & Co., sued for a balance claimed to be due upon a judgment and .alleged that a petition in involuntary bankruptcy was filed ag-ainst Maryman, wbo confessed in writing Ms insolvency and willingness to be ■adjudged >a -baMixupt, that he was duly adjudicated a bankrupt; that the said company succeeded to all the rights of S. G. Dreyfus & 'Co., which proved its claim ag-ainst the bankrupt’s estate and the same was duly allowed in the full…
1Opinion of the Court
Kirby, J.,
(after stating the facts). It is contended that the bankruptcy court was without jurisdiction to render ¡a personal judgment against the bankrupt upon proof of a claim against his estate in bankruptcy and that it in fact did not do so, the allowance of -the claim by the referee not becoming a judgment against the bankrupt upon which suit could thereafter be brought as upon other judgments.
Bankruptcy laws were not made nor bankruptcy courts instituted for the purpose of preserving and perpetuating claims against bankrupts, but for releasing and discharging insolvent persons from…
2Cases cited10 opinions
- Bardes v. Hawarden BankSupreme Court of the United States · 1900
- White v. SchloerbSupreme Court of the United States · 1900
- First Nat. Bank of Chicago v. Chicago Title & Trust Co.Supreme Court of the United States · 1905
- Wiswall v. CampbellSupreme Court of the United States · 1876
- Bush v. ElliottSupreme Court of the United States · 1906
5 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- In re LevinsonDistrict Court, W.D. Washington · 1925
- Maxwell v. PappasSupreme Court of Minnesota · 1927