In re Swift
District Court, D. Massachusetts
In Bankruptcy. The referee certified questions for the determination of the court, as follows: ■ “These were petitions to review an order denying a petition to reconsider the claim of Charles B. Burleigh, allowed against the separate estate of E. C. Hodges, and modifying the allowance of said claim. The case was submitted on a stipulation of agreed facts.
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In Bankruptcy. The referee certified questions for the determination of the court, as follows: ■ “These were petitions to review an order denying a petition to reconsider the claim of Charles B. Burleigh, allowed against the separate estate of E. C. Hodges, and modifying the allowance of said claim. The case was submitted on a stipulation of agreed facts. The proof of this claim had been allowed on the 11th day of July, 1900, against the joint estate of said bankrupts, in the sum of $52,275, and was then entitled to the first dividend of 20 imr cent., already declared on the 15th day of June,…
1Opinion of the Court
LOWELL, District Judge.
Under St. Mass. 1898, c. 533, §§ 63, 64, Hodges was an indorser of the note in question. By sections 70 and 82 of the same act, presentment for payment was necessary to charge him as indorser, “except as herein otherwise provided.” ' The first exception relied on by the creditor is found in section 79; “Presentment for payment is not required in order to charge the drawer where he hafe no right to expect or require that the drawee or acceptor will pay the instrument.” The appealing creditor of the joint estate contends that section ,79 applies only to the drawer of a…
2Cases cited3 opinions
- Jewell v. ShermanWisconsin Supreme Court · 1891
- Armstrong v. ChadwickMassachusetts Supreme Judicial Court · 1879
- In re HamiltonDistrict Court, E.D. Kentucky · 1880
3Cited by13 opinions
- Case v. McKinnisOregon Supreme Court · 1923
- Bessenger v. WenzelMichigan Supreme Court · 1910
- Whitney v. ChadseyMichigan Supreme Court · 1921
- Porter v. East Jordan Realty Co.Michigan Supreme Court · 1920
- Farmers' & Mechanics' Nat. Bank of Fort Worth v. HeadCourt of Appeals of Texas · 1924
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