Gilman v. Cate
Supreme Court of New Hampshire
Trespass, qu. el. Facts found by the court. At the September term, 1876, the cause was sent to a referee, with a commission instructing him that his report was to be final. At a hearing begun Jan. 29, 1877, the referee found and reported that the defendants were guilty, and assessed the plaintiff’s damages at $40. At the March term, 1878, upon suggestion that Calvin F. Cate, one of the defendants, was in bankruptcy, the action was entered dismissed as to him.
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Trespass, qu. el. Facts found by the court. At the September term, 1876, the cause was sent to a referee, with a commission instructing him that his report was to be final. At a hearing begun Jan. 29, 1877, the referee found and reported that the defendants were guilty, and assessed the plaintiff’s damages at $40. At the March term, 1878, upon suggestion that Calvin F. Cate, one of the defendants, was in bankruptcy, the action was entered dismissed as to him. At the March term, 1884, on the plaintiff’s motion, the action was brought forward and the entry of “dismissed” stricken off. Calvin F.…
1Opinion of the CourtSmith, J.
No debts other than those specified in ss. 5067-5071, U. S. Eev. Sts., are provable against the estate of the bankrupt. 27;., s. 5072. The plaintiff’s claim or demand set forth in the declaration is not a debt. It is not created by, and does not spring out of, any judgment, award, specialty, contract, or promise. A demand for a trespass qu. cl. is not a debt provable in bankruptcy or insolvency. Hapgood v. Blood, 11 Gray 400 ; Crosby v. Wentworth, 7 Met. 10; Strong v. White, 9 Johns. 161; In re Schuchardt, 15 B. R. 161; In re Sutherland, 3 B. R. 314; Black v. McClelland, 12 B. R. 481.
In In re…
2Cases cited16 opinions
- Credithrift of America, Inc. v. Dubrock (In Re Dubrock)United States Bankruptcy Court, W.D. Kentucky · 1980
- Clark v. . RowlingNew York Court of Appeals · 1850
- Dresser v. BrooksNew York Supreme Court · 1848
- Bradford v. RiceMassachusetts Supreme Judicial Court · 1869
- Monroe v. . UptonNew York Court of Appeals · 1872
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