Spurr v. Dean
Massachusetts Supreme Judicial Court
The first case was an appeal from a decree of the Court of Insolvency refusing to expunge the appellee’s claim from the list of debts proved and allowed at a meeting of the creditors of the firm of W. L. Gifford and Company.
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The first case was an appeal from a decree of the Court of Insolvency refusing to expunge the appellee’s claim from the list of debts proved and allowed at a meeting of the creditors of the firm of W. L. Gifford and Company. The case was submitted to the Superior Court, and to this court on appeal, on an agreed statement of facts, in substance as follows: On March 29, 1883, a petition was filed in the Court of Insolvency setting forth the insolvent condition of W. L. Gifford and Company, and praying that the joint and several estates of Willard F. Woodward and William L. Gifford, who composed…
1Opinion of the CourtHolmes, J.
The main question in this case is whether one who lends money after publication of notice of the filing of a petition in insolvency against the borrower, but before the issuing of the warrant, is entitled to prove against the estate. We are of opinion that he is not- In involuntary proceedings the assignment relates to “the time of the first publication of notice of the filing of the petition,” Pub. Sts. e. 157, § 46, and it would be most anomalous if a creditor, for an advance which did not go to swell the fund to be distributed, but which the debtor had a right to keep in his pocket, should…
2Cases cited1 opinion
- Woodward v. SpurrMassachusetts Supreme Judicial Court · 1885
3Cited by1 opinion
- Van Ingen v. BealMassachusetts Supreme Judicial Court · 1896