Legal Opinion

Valpey v. Rea

Massachusetts Supreme Judicial Court

Decided February 11, 1878PublishedCited by 3 opinions

Contract upon promissory notes and upon an account annexed. Writ dated July 24, 1873. Answer, that, before the date of the writ, the defendant was duly adjudged a bankrupt under the bankrupt laws of the United States, and that the plaintiff proved against his estate in bankruptcy the debts sought to be recovered in this action, and that those debts were due from the defendant to the plaintiff at the date of the commencement )f the proceedings in bankruptcy.

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Contract upon promissory notes and upon an account annexed. Writ dated July 24, 1873. Answer, that, before the date of the writ, the defendant was duly adjudged a bankrupt under the bankrupt laws of the United States, and that the plaintiff proved against his estate in bankruptcy the debts sought to be recovered in this action, and that those debts were due from the defendant to the plaintiff at the date of the commencement )f the proceedings in bankruptcy. At the trial in the Superior Court, before Crardner, J., without a jury, the defendant offered to prove, and the plaintiff admitted, the…

1Opinion of the CourtGray, C. J.

The defendant relies upon that provision of the bankrupt act, by which it is enacted that “ no creditor proving his debt or claim shall be allowed to maintain any suit at law or in equity therefor against the bankrupt, but shall be deemed to have waived all right of action and suit against the bankrupt; and all proceedings already commenced, or unsatisfied judgments already obtained thereon, shall be deemed to be discharged and surrendered thereby.” U. S. St. March 2, 1867, § 21. U. S. Rev. Sts. § 5105. This provision must be applied, according to its terms, to actions brought before proof of…

2Cases cited2 opinions

  1. Bennett v. GoldthwaitMassachusetts Supreme Judicial Court · 1872
  2. Cook v. CoyleMassachusetts Supreme Judicial Court · 1873

3Cited by3 opinions

  1. Everett v. HendersonMassachusetts Supreme Judicial Court · 1890
  2. Goodnow v. HillMassachusetts Supreme Judicial Court · 1878
  3. Morse v. DaytonMassachusetts Supreme Judicial Court · 1878

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