W. L. Blake Co. v. Lowell
Supreme Judicial Court of Maine
On exceptions. This was an action of assumpsit tried in the Superior Court,' for the county of Cumberland, in which judgment was rendered for the defendant, and the plaintiff’ excepted. The facts are found in the opinion. Effect of E. S., c. 70, § 63, is to give the creditor for whom a deposit is made but six months within which he may prove his claim.
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On exceptions. This was an action of assumpsit tried in the Superior Court,' for the county of Cumberland, in which judgment was rendered for the defendant, and the plaintiff’ excepted. The facts are found in the opinion. Effect of E. S., c. 70, § 63, is to give the creditor for whom a deposit is made but six months within which he may prove his claim. Neglect to make proof within that time is fatal to, the right to recover, and the creditor stands in the same position as one neglecting to file a claim against an insolvent estate until after the assignee has distributed the funds. The…
1Opinion of the CourtHaskell, J.
Assumpsit to recover the contents of three several promissory notes aggregating $186.87. Defense, discharge in insolvency granted on composition proceedings. Reply, failure to pay the composition percentage.
The case shows that plaintiff had no actual notice of the insolvent proceedings or of the proposed composition, until after the percentage belonging to it had been returned from the registry of the court to the insolvent, who, on demand for the same promptly made as soon as the plaintiff knew of the insolvency proceedings, and had proved his debt, refused to pay the same.
Composition is…
2Cases cited4 opinions
- Guild v. ButlerMassachusetts Supreme Judicial Court · 1877
- Home National Bank v. CarpenterMassachusetts Supreme Judicial Court · 1880
- Pierce v. GilkeyMassachusetts Supreme Judicial Court · 1878
- Farwell v. RaddinMassachusetts Supreme Judicial Court · 1880