Hewes v. Rand
Massachusetts Supreme Judicial Court
Contract upon an account annexed for work and materials. Writ dated December 7, 1875. Answer, a general denial, with a suggestion of the bankruptcy of the defendant. At October term 1879, the defendant was allowed to file a supplemental answer, setting up a composition in bankruptcy.
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Contract upon an account annexed for work and materials. Writ dated December 7, 1875. Answer, a general denial, with a suggestion of the bankruptcy of the defendant. At October term 1879, the defendant was allowed to file a supplemental answer, setting up a composition in bankruptcy. The case had been referred to an auditor, who found that there was due the plaintiff $1030.60, with interest from the date of the writ, $204.12, and that there was due the defendant, upon a declaration in set-off, the sum of $252.29, leaving a balance due the plaintiff of $981.93. At the trial in the Superior…
1Opinion of the CourtGray, C. J.
By the act of Congress of June 22, 1874, § 17, it is enacted that the provisions of a composition in bankruptcy, accepted by resolution of the requisite majority of the creditors, “ shall be binding on all the creditors whose names and addresses and the amounts of the debts due to whom are shown in the statement of the debtor produced at the meeting at which the resolution shall have been passed, but shall not affect or prejudice the rights of any other creditors,” A creditor, whose name, or the amount of whose debt, is not shown in the. statement of the debtor, is not bound by the…
2Cases cited4 opinions
- In re BecketU.S. Circuit Court for the District of Louisiana · 1875
- Woolsey v. HoganMassachusetts Supreme Judicial Court · 1878
- Ex parte TraftonDistrict Court, D. Massachusetts · 1876
- Pratt v. ChaseMassachusetts Supreme Judicial Court · 1877
3Cited by3 opinions
- Stone v. SimondsMassachusetts Supreme Judicial Court · 1881
- International Trust Co. v. MyersMassachusetts Supreme Judicial Court · 1925
- Lisso v. NavraSupreme Court of Louisiana · 1882