Zimmer v. Schleehauf
Massachusetts Supreme Judicial Court
Tort to recover damages for slander and malicious prosecution of the plaintiff. After verdict and before judgment the defendant filed his petition in the District Court of the United States for the district of Massachusetts, for proceedings in bankruptcy upon his estate, and was duly adjudicated a bankrupt under the bankrupt law of the United States.
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Tort to recover damages for slander and malicious prosecution of the plaintiff. After verdict and before judgment the defendant filed his petition in the District Court of the United States for the district of Massachusetts, for proceedings in bankruptcy upon his estate, and was duly adjudicated a bankrupt under the bankrupt law of the United States. These proceedings having intervened between verdict and judgment, the defendant moved for a continuance of this action to await the proceedings in the Bankrupt Court, and the plaintiff moved for judgment. At the hearing in the Superior Court,…
1Opinion of the CourtGray, C. J.
The bankrupt act of 1867, c. 176, § 19, declares, that no debts, other than those therein specified, shall be proved against the bankrupt’s estate. The plaintiff’s claim does not come within either of the specified classes. It is conceded that it was not “ a debt existing at the time of the adjudication of bankruptcy,” because a claim for damages in an action of tort *53does not become a debt by verdict before judgment. It was not a demand for or on account of goods taken or withheld, nor a liability upon any contract. The only “ contingent debts and contingent liabilities ” allowed to be proved…
2Cited by12 opinions
- In Re MillerUnited States Bankruptcy Court, D. Massachusetts · 1990
- Child v. Boston & Fairhaven Iron WorksMassachusetts Supreme Judicial Court · 1884
- Maysville Street Railroad & Transfer Co. v. MarvinCourt of Appeals for the Sixth Circuit · 1893
- Henriques v. VinhacaHawaii Supreme Court · 1911
- Jewell v. NuhnSupreme Court of Iowa · 1915
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