Guild v. Butler
Massachusetts Supreme Judicial Court
Contbact upon a promissory note made by the defendant payable to Robert W. Dresser & Co. or order, and by them indorsed to the plaintiff.
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Contbact upon a promissory note made by the defendant payable to Robert W. Dresser & Co. or order, and by them indorsed to the plaintiff. At the trial in the Superior Court, before Pitman, J., it appeared that the note was made by the defendant for the accom modation of Dresser & Co., who at the same time gave him an agreement in writing that they would themselves pay the note at maturity; that the plaintiff did not know this when he took the note, hut, after learning it, and after the commencement of this action, united with other creditors of Dresser & Co. in a petition in bankruptcy…
1Opinion of the CourtGray, C. J.
By the existing acts of Congress upon the subject of bankruptcy, a bankrupt’s estate may be settled, and the bankrupt discharged, in either of three ways :
First. The estate may be administered in the ordinary manner by assignees appointed for the purpose, and a certificate of discharge be granted by the court, with the assent, in some cases, of a certain proportion of the creditors who have proved their claims. Any person liable as surety for the bankrupt may, upon paying the debt, even after the commencement of proceedings in bankruptcy, prove the debt, or stand in the place of the creditor…
2Cases cited5 opinions
- Hedger v. RennakerCourt of Appeals of Kentucky · 1860
- Timothy L. MacE in Error v. Jared WellsSupreme Court of the United States · 1848
- Flagg v. TylerMassachusetts Supreme Judicial Court · 1809
- Hunt v. TaylorMassachusetts Supreme Judicial Court · 1871
- In re WhippleDistrict Court, D. Massachusetts · 1875
3Cited by27 opinions
- Myers v. International Trust Co.Supreme Court of the United States · 1927
- In Re KornbluthCourt of Appeals for the Second Circuit · 1933
- Easton Furniture Manufacturing Co. v. CaminezAppellate Division of the Supreme Court of the State of New York · 1911
- In re American Paper Co.District Court, D. New Jersey · 1919
- Herrington v. . DavittNew York Court of Appeals · 1917
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