Hamilton v. Bryant
Massachusetts Supreme Judicial Court
Contract for work done. The writ was dated July 12,1870, and an attachment of the defendant’s real estate was made the same day. At September term, 1871, of the Superior Court, there was a trial and a verdict for the plaintiff.
Read the full summary
Contract for work done. The writ was dated July 12,1870, and an attachment of the defendant’s real estate was made the same day. At September term, 1871, of the Superior Court, there was a trial and a verdict for the plaintiff. Exceptions were taken by the defendant, but were waived in October, 1872. June 14, 1872, the defendant filed his petition in bankruptcy, and was duly adjudged a bankrupt; and January 25,1873, obtained his discharge in bankruptcy, and pleaded it in the suit. After the filing of the defendant’s petition in bankruptcy and the adjudication thereon, and before his…
1Opinion of the CourtDevens, J.
This case cannot be distinguished from Carpenter v. Turrell, 100 Mass. 450. It was there held that a discharge in bankruptcy was a bar to the further prosecution of a suit against the bankrupt commenced by attachment more than four months before the commencement of the bankruptcy proceedings, if the ttachment was dissolved by giving bond under the Gen. Sts. c. 123, § 104, notwithstanding the provisions in the Bankrupt Act of 1867, c. 176, §§ 14-33, preserving the lien of an attachment made four months or more before the commencement of the bankruptcy proceedings, and continuing the liability…
2Cases cited1 opinion
- Carpenter v. TurrellMassachusetts Supreme Judicial Court · 1868
3Cited by13 opinions
- Alvaton Mercantile Co. v. CaldwellSupreme Court of Georgia · 1923
- Brown & Brown Coal Co. v. AntezakMichigan Supreme Court · 1910
- Schunack v. Art Metal Novelty Co.Supreme Court of Connecticut · 1911
- Barry v. New York Holding & Construction Co.Massachusetts Supreme Judicial Court · 1918
- In re J. L. Philips & Co.District Court, S.D. Georgia · 1915
8 more not listed; retrieve them via the Exa API.