Smith v. Warner
Massachusetts Supreme Judicial Court
Appeal by George R Smith from a decision of the Court of Insolvency, disallowing a claim against the estate of John Martin.
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Appeal by George R Smith from a decision of the Court of Insolvency, disallowing a claim against the estate of John Martin. The case was submitted to the Superior Court, and, after judgment for the appellee, to this court, on appeal, upon agreed facts, in substance as follows: In 1880, John Martin was adjudged insolvent by the Court of Insolvency, on the petition of the appellant as trustee; the appellee was on the same day appointed assignee of the estate of said insolvent; and an assignment of said estate was duly made to him. At the time of said adjudication, Martin was indebted to the…
1Opinion of the CourtC. Allen, J.
If construed literally, the Gen. Sts. c. 118, § 27, do not allow proof of- this claim. A creditor having security may make application for an order of sale, and the sale is to be made in such manner as the judge orders, and after such sale, and an application of the proceeds towards the payment of his debt, he shall be admitted as a creditor for the residue. The creditor contends that a broader construction may be given to the statute, and that he may be allowed to prove for the residue, after applying the proceeds of a sale made without an order of court, but with the concurrence of the…
2Cited by4 opinions
- Taft v. SmithMassachusetts Supreme Judicial Court · 1904
- Franklin County National Bank v. First National BankMassachusetts Supreme Judicial Court · 1885
- Wilson v. BryantMassachusetts Supreme Judicial Court · 1883
- Washburn v. TisdaleMassachusetts Supreme Judicial Court · 1887