Cooley v. Cook
Massachusetts Supreme Judicial Court
Porter sued Charette in the Superior Court in an action of contract, and upon the writ in that case an attachment of the defendant’s goods was made by Cook, as deputy sheriff, on Saturday, February 10, 1877, at 1 P. M. On Monday, June 11, 1877, at 12 M., Charette filed his petition in bankruptcy.
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Porter sued Charette in the Superior Court in an action of contract, and upon the writ in that case an attachment of the defendant’s goods was made by Cook, as deputy sheriff, on Saturday, February 10, 1877, at 1 P. M. On Monday, June 11, 1877, at 12 M., Charette filed his petition in bankruptcy. Cooley was afterwards appointed his assignee, and received an assignment of his property from the register in bankruptcy, and, after making a demand on Cook for the goods held by him under the attachment, and his refusal to deliver them, brought an action of tort in the nature of trover against him…
1Opinion of the CourtGray, C. J.
By the U. S. Rev. Sts. § 5044, an assignment in bankruptcy dissolves any attachment of the bankrupt’s property, “ made within four months next preceding the commencement of the bankruptcy proceedings ; ” and it is settled that the computation of the four months is not to be made exclusively both of the day of the attachment and of the day of the filing of the petition in bankruptcy; or, in other words, that ah attachment, made on the day whose number in the month corresponds to that of the day on which the petition is filed, is within this section. Dutcher v. Wright, 94 U. S. 553. Richards v.…
2Cases cited5 opinions
- Freeman v. HoweSupreme Court of the United States · 1861
- Buck v. ColbathSupreme Court of the United States · 1866
- Dutcher v. WrightSupreme Court of the United States · 1877
- Alderman v.PhelpsMassachusetts Supreme Judicial Court · 1818
- Richards v. ClarkMassachusetts Supreme Judicial Court · 1878
3Cited by20 opinions
- American Tobacco Co. v. StricklingCourt of Appeals of Maryland · 1898
- Simmons v. HanneSupreme Court of Florida · 1905
- Geneva Cooperage Co. v. BrownCourt of Appeals of Kentucky · 1906
- Stevenson v. DonnellyMassachusetts Supreme Judicial Court · 1915
- Simkin v. ColeSuperior Court of Delaware · 1922
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