Home National Bank v. Carpenter
Massachusetts Supreme Judicial Court
Contract on a promissory note. Answer, a composition in bankruptcy under the act of Congress of June 22, 1874, § 17. Trial in the Superior Court, without a jury, before Bacon, J., who allowed a bill of exceptions in substance as follows: The defendants admitted the execution of the note, and proved the following facts: The defendants filed their petition in bankruptcy In the District Court of the United States for the District of Massachusetts, containing the usual schedule…
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Contract on a promissory note. Answer, a composition in bankruptcy under the act of Congress of June 22, 1874, § 17. Trial in the Superior Court, without a jury, before Bacon, J., who allowed a bill of exceptions in substance as follows: The defendants admitted the execution of the note, and proved the following facts: The defendants filed their petition in bankruptcy In the District Court of the United States for the District of Massachusetts, containing the usual schedule of assets and liabilities, which included the name and address of the plaintiff and the note now sued on; but they were…
1Opinion of the CourtGray, C. J.
By the act of Congress of June 22, 1874, § 17, in any case of bankruptcy pending, whether an adjudication in bankruptcy has been had or not, the creditors of the alleged bankrupt may, at a meeting called under the direction of the court, resolve that a composition proposed by the debtor shall be accepted in satisfaction of their debts. “ And such resolution shall, to be operative, have been passed by a majority in number and three fourths in value of the creditors of the debtor assembled at such meeting, either in person or by proxy, and shall be confirmed by the signatures thereto of the…
2Cases cited2 opinions
- Mudge v. WilmotMassachusetts Supreme Judicial Court · 1878
- Pierce v. GilkeyMassachusetts Supreme Judicial Court · 1878
3Cited by6 opinions
- Wade v. EdwardsCourt of Appeals of Georgia · 1919
- Cobbossee National Bank v. RichSupreme Judicial Court of Maine · 1889
- Pupke v. ChurchillMissouri Court of Appeals · 1884
- Whittemore v. StephensMichigan Supreme Court · 1882
- Noyes v. DobsonSupreme Court of Kansas · 1883
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