E. C. Wescott Co. v. Berry
Supreme Court of New Hampshire
Bill in Equity, alleging that the plaintiffs are a corporation organized under the laws of this state; that they were' decreed to be insolvent debtors upon a creditor’s petition filed in the probate court for this county, October 20, 1898, under the provisions of c. 201, P. 8.; that the defendant Berry was appointed messenger, and as such claims the plaintiffs’ property; and that the proceedings in the probate court are void.
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Bill in Equity, alleging that the plaintiffs are a corporation organized under the laws of this state; that they were' decreed to be insolvent debtors upon a creditor’s petition filed in the probate court for this county, October 20, 1898, under the provisions of c. 201, P. 8.; that the defendant Berry was appointed messenger, and as such claims the plaintiffs’ property; and that the proceedings in the probate court are void. The prayer is for a reversal of the decree of the probate court, and an injunction to restrain Berry from interfering with the plaintiffs’ property, The defendants…
1Opinion of the CourtYoung, J.
The power of the several states to enact insolvency laws is subject to the power of congress to establish “ uniform laws on the subject of bankruptcies throughout the United States.” Accordingly, a general bankruptcy act suspends state insolvency laws from the time it goes into effect. Chamberlain v. Perkins, 51 N. H. 336, 340; Rowe v. Page, 54 N. H. 190.
The act of congress approved July 1, 1898, entitled “ An act to establish a uniform system of bankruptcy throughout the United States,” went “ into full force and effect upon its passage,” with the proviso that “ no petition for voluntary…
2Cases cited1 opinion
- Parmenter Manufacturing Co. v. HamiltonMassachusetts Supreme Judicial Court · 1898
3Cited by5 opinions
- In re BennettCourt of Appeals for the Sixth Circuit · 1907
- In re Weedman Stave Co.District Court, E.D. Arkansas · 1912
- In re Voluntary Assignment of TarnowskiWisconsin Supreme Court · 1926
- Rockville National Bank v. LathamSupreme Court of Connecticut · 1914
- States v. People's Trust Co.Supreme Court of New Hampshire · 1931