Imbriani v. Anderson
Supreme Court of New Hampshire
Case, for negligently causing the death of the plaintiff’s intestate. Transferred from the October term, 1911, of the superior court by Pike, J. When the case was called for trial the defendant moved for a continuance upon the ground that he had just filed a petition in bankruptcy. The motion was denied, and the defendant excepted. Thereafter the defendant was defaulted and the damages were assessed by the court.
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Case, for negligently causing the death of the plaintiff’s intestate. Transferred from the October term, 1911, of the superior court by Pike, J. When the case was called for trial the defendant moved for a continuance upon the ground that he had just filed a petition in bankruptcy. The motion was denied, and the defendant excepted. Thereafter the defendant was defaulted and the damages were assessed by the court. The defendant requested “a finding of how much the intestate would have saved at the time of his death if it had not been for the injury.” This issue was deemed by the court to be…
1Opinion of the CourtPeaslee, J.
The cause of action being case for negligent injury to the person, the unliquidated claim for damages was not provable in bankruptcy against the estate of the defendant. In re Crescent Lumber Co., 154 Fed. Rep. 724; Brown v. Company, 149 Fed. Rep. 48. The contention that section 63b of the bankruptcy act enlarges the class of provable claims has not been adopted by the federal courts. This paragraph “adds nothing to the class of debts which might be proved under paragraph ‘a’ of the same section. Its purpose is to permit an unliquidated claim, coming within the provisions of section 63a, to…
2Cases cited1 opinion
- Dunbar v. DunbarSupreme Court of the United States · 1903
3Cited by6 opinions
- Chase v. FitzgeraldSupreme Court of Connecticut · 1946
- Golej v. VarjabedianSupreme Court of New Hampshire · 1933
- In re NaborsDistrict Court, N.D. Alabama · 1922
- Seskin v. TriceOhio Court of Appeals · 1931
- Kulawik v. ERA Jet AlaskaAlaska Supreme Court · 1991
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