Kempton v. Saunders
Massachusetts Supreme Judicial Court
Contract on a judgment recovered January 23, 1879, for 12497.32. Answer, a certificate of discharge granted by the Court of Insolvency, October 9, 1879, under proceedings commenced February 21, 1879. Writ dated November 5, 1879. At the trial, without a jury, in the Superior Court, before Pitman, J., the plaintiff admitted the facts stated in the answer ; and, for the purpose of avoiding the certificate of discharge, offered to show that it was invalid for the reasons set…
Read the full summary
Contract on a judgment recovered January 23, 1879, for 12497.32. Answer, a certificate of discharge granted by the Court of Insolvency, October 9, 1879, under proceedings commenced February 21, 1879. Writ dated November 5, 1879. At the trial, without a jury, in the Superior Court, before Pitman, J., the plaintiff admitted the facts stated in the answer ; and, for the purpose of avoiding the certificate of discharge, offered to show that it was invalid for the reasons set forth in the Gen. Sts. e. 118, § 87. But the judge ruled that the evidence was inadmissible, because, by the St. of 1879,…
1Opinion of the CourtGray, C. J.
The whole effect of the St. of 1879, e. 245, § 4, is to introduce into the insolvent law of the Commonwealth a provision like that of the recent bankrupt act of the United States, affording a prompt and effectual method of annulling a certificate of discharge by application to the court which granted it; and to prevent its validity from being impeached in any other court. Way v. Howe, 108 Mass. 502. Burpee v. Sparhawk, 108 Mass. 111. Black v. Blazo, 117 Mass. 17. The statute does not affect any vested right, nor impair the obligation of any contract, but is a mere regulation of the form of…
2Cases cited3 opinions
- Way v. HoweMassachusetts Supreme Judicial Court · 1871
- Black v. BlazoMassachusetts Supreme Judicial Court · 1875
- Burpee v. SparhawkMassachusetts Supreme Judicial Court · 1871
3Cited by5 opinions
- John L. Whitlock, Trustee v. John W. Hause, D/B/A Hause Floor Co.Court of Appeals for the First Circuit · 1982
- Fuller v. PeaseMassachusetts Supreme Judicial Court · 1887
- Kempton v. SaundersMassachusetts Supreme Judicial Court · 1882
- Heim v. ChapmanMassachusetts Supreme Judicial Court · 1898
- Upham v. RaymondMassachusetts Supreme Judicial Court · 1882