Stone v. Simonds
Massachusetts Supreme Judicial Court
Contract upon a promissory note for $730, dated Boston, October 3, 1873, payable twelve months after date, to the order of John Parsons, Jr., signed by E. A. Eaton, and indorsed in blank, at the time of making, by John Parsons, Jr., and by the defendant. The writ, dated August 16, 1879, described the plaintiff as administrator of the estate of Jane P. Stone, late of Willimantic, Connecticut.
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Contract upon a promissory note for $730, dated Boston, October 3, 1873, payable twelve months after date, to the order of John Parsons, Jr., signed by E. A. Eaton, and indorsed in blank, at the time of making, by John Parsons, Jr., and by the defendant. The writ, dated August 16, 1879, described the plaintiff as administrator of the estate of Jane P. Stone, late of Willimantic, Connecticut. At the trial in the Superior Court, without a jury, before Brigham, C. J., the following facts were proved or admitted: The defendant set up in his answer, besides a general denial, a composition in…
1Opinion of the CourtG-eay, C. J.
A composition under the U. S. St. of June 22, 1874, § 17, deriving its effect from its confirmation by the court *462of bankruptcy, does not indeed stand like a voluntary composition in pais, and is so far a proceeding in bankruptcy that, like a certificate of discharge, it does not release sureties, nor bar an action on a debt created by fraud of the bankrupt. Guild v. Butler, 122 Mass. 498. Mudge v. Wilmot, 124 Mass. 493, and 103 U. S. 217.
But as it differs from ordinary proceedings in bankruptcy in leaving the estate in the control of the bankrupt, instead of committing the administration of…
2Cases cited5 opinions
- Wilmot v. MudgeSupreme Court of the United States · 1881
- Guild v. ButlerMassachusetts Supreme Judicial Court · 1877
- Mudge v. WilmotMassachusetts Supreme Judicial Court · 1878
- Woolsey v. HoganMassachusetts Supreme Judicial Court · 1878
- Hewes v. RandMassachusetts Supreme Judicial Court · 1880
3Cited by4 opinions
- Branan Bros. v. Atlanta & West Point RailroadSupreme Court of Georgia · 1899
- International Trust Co. v. MyersMassachusetts Supreme Judicial Court · 1925
- Lisso v. NavraSupreme Court of Louisiana · 1882
- Mitander v. SonnebornNew York Supreme Court · 1883