Munson v. Boston, Hartford & Erie Railroad
Massachusetts Supreme Judicial Court
Contract. Writ dated March 1, 1870. On the same day, the real estate of the defendant in the county of Suffolk was attached. The declaration contained four counts. The first three counts were for breach of alleged contracts between the plaintiff and the defendants for services and materials in building the defendant’s railroad and filling its flats.
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Contract. Writ dated March 1, 1870. On the same day, the real estate of the defendant in the county of Suffolk was attached. The declaration contained four counts. The first three counts were for breach of alleged contracts between the plaintiff and the defendants for services and materials in building the defendant’s railroad and filling its flats. The fourth count was on an account annexed for a balance of $873,812.23; the items of this account embraced all the causes of action in the preceding counts. The answer contained a general denial, and also alleged that the plaintiff’s charges were…
1Opinion of the CourtGray, C. J.
The attachment in this case having been made more than four months before the commencement of the proceedings in bankruptcy, the lien created thereby is preserved by the bankrupt act, and the appropriate way of ascertaining the amount of this lien, and of making it effectual, is by judgment in this action. U. S. St. 1867, c. 176, § 14. U. S. Rev. Sts. § 5044. Doe v. Childress, 21 Wall. 642. Ray v. Wight, 119 Mass. 426.
Even in the case of an individual bankrupt, such an action is not to be dismissed upon the commencement of bankruptcy proceedings, but may either be stayed to await the…
2Cases cited7 opinions
- New Lamp Chimney Co. v. Ansonia Brass & Copper Co.Supreme Court of the United States · 1876
- Doe v. ChildressSupreme Court of the United States · 1875
- Clifton v. FosterMassachusetts Supreme Judicial Court · 1869
- Ray v. WightMassachusetts Supreme Judicial Court · 1876
- Chamberlin v. Huguenot Manufacturing Co.Massachusetts Supreme Judicial Court · 1875
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- Winters v. ClaitorMississippi Supreme Court · 1877
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