Braley v. Boomer
Massachusetts Supreme Judicial Court
Contract upon an account annexed. The case was heard in the Superior Court, before Allen, J., without a jury, upon the following agreed facts: The action was commenced by a writ upon which there was an attachment of merchandise more than four months before the commencement of proceedings in the United States District Court by which the defendants were adjudged bankrupts, and the bankruptcy of the defendants was suggested at March term, 1874, of the Superior Court.
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Contract upon an account annexed. The case was heard in the Superior Court, before Allen, J., without a jury, upon the following agreed facts: The action was commenced by a writ upon which there was an attachment of merchandise more than four months before the commencement of proceedings in the United States District Court by which the defendants were adjudged bankrupts, and the bankruptcy of the defendants was suggested at March term, 1874, of the Superior Court. The amount due the plaintiffs was agreed upon at the following June term, at which term a bond, given under the General Statutes…
1Opinion of the CourtDevens, J.
The bankrupt act, U. S. St. of 1867, c. 176. § 14, by virtue of which the assignment vests in the assignee all the property, real or personal, of the debtor, even if the same is attached on mesne process as such, and dissolves any such attachment made within four months next preceding the commencement of the proceedings, permits the attachment to continue, where it has been made for that length of time, and the lien created by it will be enforced by any requisite proceedings which do not involve a judgment in personam. Bates v. Tappan, 99 Mass. 376. But while, in such case, the lien is…
2Cases cited2 opinions
- Carpenter v. TurrellMassachusetts Supreme Judicial Court · 1868
- Bates v. TappanMassachusetts Supreme Judicial Court · 1868
3Cited by7 opinions
- Barry v. New York Holding & Construction Co.Massachusetts Supreme Judicial Court · 1918
- Mosher v. MurphyMassachusetts Supreme Judicial Court · 1876
- Fickett v. DurhamMassachusetts Supreme Judicial Court · 1875
- Munson v. Boston, Hartford & Erie RailroadMassachusetts Supreme Judicial Court · 1876
- Barnstable Savings Bank v. HigginsMassachusetts Supreme Judicial Court · 1878
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