Bradford v. Rice
Massachusetts Supreme Judicial Court
Contract on a judgment recovered against the defendant in the supreme judicial court of New Hampshire. Writ dated January 6,1869. The answer set up a certificate of discharge in bankruptcy, under the U. S. St. of 1867, c, 176. ! At the trial in the superior court, before Brigham, C. J., it appeared that the defendant was adjudged a bankrupt September 10,1867; that at that time the debt on which the judgment was recovered existed and was provable in bankruptcy; that the…
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Contract on a judgment recovered against the defendant in the supreme judicial court of New Hampshire. Writ dated January 6,1869. The answer set up a certificate of discharge in bankruptcy, under the U. S. St. of 1867, c, 176. ! At the trial in the superior court, before Brigham, C. J., it appeared that the defendant was adjudged a bankrupt September 10,1867; that at that time the debt on which the judgment was recovered existed and was provable in bankruptcy; that the judgment was rendered on October 31, 1867; and that on January 14,1868, the defendant obtained his discharge in bankruptcy;…
1Opinion of the CourtGray, J.
The ruling of the court below was in accordance with a series of decisions of this court, by which it has been held that if, after the institution of proceedings in insolvency or bankruptcy, judgment is recovered upon a debt provable under those proceedings, the original debt is merged and extinguished in the judgment, and the judgment is not provable against the estate of the debtor nor discharged by the certificate; and this not merely because such a merger takes effect by the rules of the common law; but because the creditor, by taking judgment, and so changing the form of his debt, and…
2Cases cited2 opinions
- Hunt v. WhitneyMassachusetts Supreme Judicial Court · 1808
- Blossom v. GoodwinMassachusetts Supreme Judicial Court · 1805
3Cited by30 opinions
- Dimock v. Revere Copper Co.Supreme Court of the United States · 1886
- Allard v. EstesMassachusetts Supreme Judicial Court · 1935
- Cutter v. EvansMassachusetts Supreme Judicial Court · 1874
- Flanagan v. PearsonTexas Supreme Court · 1874
- Ray v. WightMassachusetts Supreme Judicial Court · 1876
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