Burpee v. Sparhawk
Massachusetts Supreme Judicial Court
Tort. Writ dated October 5, 1865. Trial in January 1867, and verdict for the plaintiffs, in the superior court, before Ames, J., to whose rulings the defendant alleged exceptions, which were argued at October term 1867, and in February 1868 were overruled, as reported 97 Mass. 342. Pending those exceptions, the defendant in September 1867 filed his petition in the district court of the United States under the U. S. bankrupt act of 1867, c. 176, and on January 11,1868,…
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Tort. Writ dated October 5, 1865. Trial in January 1867, and verdict for the plaintiffs, in the superior court, before Ames, J., to whose rulings the defendant alleged exceptions, which were argued at October term 1867, and in February 1868 were overruled, as reported 97 Mass. 342. Pending those exceptions, the defendant in September 1867 filed his petition in the district court of the United States under the U. S. bankrupt act of 1867, c. 176, and on January 11,1868, obtained his discharge as a bankrupt. This discharge he pleaded in March 1868, in bar of further proceedings in this case. The…
1Opinion of the CourtGbay, J.
In Way v. Howe, post, 502, after full consideration of the able arguments made in that case and in this, it has been adjudged that a certificate of discharge granted by the district court of the United States under the bankrupt act of 1867, c. 176 could not be impeached in an action brought in the courts of this Commonwealth (upon a debt not falling within either of the *113classes excepted in § 33, and which was provable against the estate in bankruptcy) on account of a fraudulent conveyance of property by the bankrupt, which would by § 29 invalidate the discharge ; and that the only mode of…
2Cases cited8 opinions
- Chapman v. Forsyth & LimerickSupreme Court of the United States · 1844
- Clay v. SmithSupreme Court of the United States · 1830
- Stevens v. Mechanics' Savings BankMassachusetts Supreme Judicial Court · 1869
- Payne v. AbleCourt of Appeals of Kentucky · 1870
- Batchelder v. LowSupreme Court of Vermont · 1871
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3Cited by7 opinions
- Black v. BlazoMassachusetts Supreme Judicial Court · 1875
- Blair v. HannaIndiana Supreme Court · 1882
- Tallant v. StedmanMassachusetts Supreme Judicial Court · 1900
- Kempton v. SaundersMassachusetts Supreme Judicial Court · 1881
- Farwell v. RaddinMassachusetts Supreme Judicial Court · 1880
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