Parsons
Massachusetts Supreme Judicial Court
Petition in equity, on the Pub. Sts. c. 157, § 15, by the assignee in insolvency of Henry F. Cowing and Dwight T. Cowing, formerly doing business under the name of Cowing Brothers, alleging that on March 19,1888, the insolvent debtors, being then insolvent and aware of their insolvency, and having no money in their possession, gave to Hill and Wainwright, attorneys at law, a promissory note for three hundred dollars'; that the consideration of the note was an agreement of…
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Petition in equity, on the Pub. Sts. c. 157, § 15, by the assignee in insolvency of Henry F. Cowing and Dwight T. Cowing, formerly doing business under the name of Cowing Brothers, alleging that on March 19,1888, the insolvent debtors, being then insolvent and aware of their insolvency, and having no money in their possession, gave to Hill and Wainwright, attorneys at law, a promissory note for three hundred dollars'; that the consideration of the note was an agreement of the attorneys to render all necessary legal assistance and services required by the insolvents in making an assignment in…
1Opinion of the CourtHolmes, J.
It seems to have been well settled, under the United States Bankrupt Acts, that a person intending to file a voluntary petition in bankruptcy had a right to pay counsel in advance for services to be rendered in procuring his discharge, and was not confined to what was necessary to get the property into the hands of an assignee. Otherwise, it was said, *345the law would be of no avail to him. Flournoy v. Newton, 8 Ga. 306, 310. Lyon v. Marshall, 11 Barb. 241. In re Rosenfeld, 2 Bankr. Reg. 116, 122. It was held to follow that such a person might sell property at a fair price in order to raise…
2Cases cited2 opinions
- Lyon v. MarshallNew York Supreme Court · 1851
- Flournoy v. NewtonSupreme Court of Georgia · 1850
3Cited by3 opinions
- Zent v. GilsonWashington Supreme Court · 1909
- Citizens' Savings Bank & Trust Co. v. GrahamSupreme Court of Vermont · 1896
- In re: DBMP LLC, Official Committee of Asbestos Personal Injury Claimants, and Sander L. Esserman, in his capacity as Legal Representative for Future Asbestos Claimants, each on behalf of the estate of DBMP LLC v. CertainTeed LLC, CertainTeed Holding Corporation, and Saint-Gobain CorporationUnited States Bankruptcy Court, W.D. North Carolina · 2026