Parmenter Manufacturing Co. v. Hamilton
Massachusetts Supreme Judicial Court
Bill in equity, praying that a decree of the judge of insolvency of September 6, 1898, on a petition of the defendants that a warrant issue to a messenger to take possession of the plaintiff’s estate be reversed, that the warrant be recalled and the petition dismissed, and that the messenger be enjoined from interfering with the property of the plaintiff.
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Bill in equity, praying that a decree of the judge of insolvency of September 6, 1898, on a petition of the defendants that a warrant issue to a messenger to take possession of the plaintiff’s estate be reversed, that the warrant be recalled and the petition dismissed, and that the messenger be enjoined from interfering with the property of the plaintiff. The contention of the plaintiff was that at the time when the petition was filed, on August 1, 1898, the insolvency laws of the Commonwealth had been wholly suspended by the act of Congress of July 1, 1898, entitled “An Act to establish a…
1Opinion of the CourtKnowlton, J.
The United States bankruptcy law passed on July 1,1898, ends with the following provision: “ This act shall go into full force and effect upon its passage; provided, however, that no petition for voluntary bankruptcy shall be filed within one month of the passage thereof, and no petition for involuntary bankruptcy shall be filed within four months of the passage thereof. Proceedings commenced under State insolvency laws before the passage of this act shall not be affected by it.”
The question in this case is whether this act so far superseded the insolvency laws of this Commonwealth from the…
2Cases cited4 opinions
- Ogden v. SaundersSupreme Court of the United States · 1827
- Bank of Columbia v. OkelySupreme Court of the United States · 1819
- Norris v. DoniphanCourt of Appeals of Kentucky · 1863
- Day v. BardwellMassachusetts Supreme Judicial Court · 1867
3Cited by23 opinions
- International Shoe Co. v. PinkusSupreme Court of the United States · 1929
- In re Weedman Stave Co.District Court, E.D. Arkansas · 1912
- Potts v. Smith Manufacturing Co.Superior Court of Pennsylvania · 1904
- In re Voluntary Assignment of TarnowskiWisconsin Supreme Court · 1926
- Binder v. McDonaldWisconsin Supreme Court · 1900
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