Stevens v. Mechanics' Savings Bank
Massachusetts Supreme Judicial Court
Contract by the assignee in bankruptcy of Robert L. Hall, to recover $500 deposited by Hall with the defendants. At the trial in the superior court, before Wilkinson, J., without a jury, the defendants contended that the court had no jurisdiction of the cause, and that the United States courts had exclusive jurisdiction of suits by assignees under the bankrupt act; but the court ruled otherwise.
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Contract by the assignee in bankruptcy of Robert L. Hall, to recover $500 deposited by Hall with the defendants. At the trial in the superior court, before Wilkinson, J., without a jury, the defendants contended that the court had no jurisdiction of the cause, and that the United States courts had exclusive jurisdiction of suits by assignees under the bankrupt act; but the court ruled otherwise. It further appeared that Hall was duly adjudged a bankrupt by the United States district court for the district of Massachusetts upon his own petition; that the warrant in bankruptcy was issued…
1Opinion of the CourtGray, J.
That an assignee under the bankrupt laws of the United States might sue in his own name in the courts of this Commonwealth, to enforce theerights of property vested in him by the assignment in bankruptcy, was expressly adjudged in Ward v. Jenkins, 10 Met. 583; and the objection, made at the trial, that the courts of the United States had exclusive jurisdiction of such an action, was waived at the argument.
The notice that a warrant in bankruptcy had been issued, and that the payment of any debts to the bankrupt was forbidden by law, having been published as required by the act of congress of…
2Cases cited1 opinion
- Butler v. MullenMassachusetts Supreme Judicial Court · 1868
3Cited by27 opinions
- Claflin v. HousemanSupreme Court of the United States · 1876
- Cook v. . WhippleNew York Court of Appeals · 1873
- Elmore v. SymondsMassachusetts Supreme Judicial Court · 1903
- Brigham v. ClaflinWisconsin Supreme Court · 1872
- Hough v. City of North AdamsMassachusetts Supreme Judicial Court · 1907
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