Hayes v. Nash
Massachusetts Supreme Judicial Court
Tobt against a constable of the city of Boston, for the conversion of personal property. Trial in the Superior Court, before Putnam, J., who allowed a bill of exceptions in substance as follows: After the commencement of the suit, the defendant filed his petition in bankruptcy, and subsequently obtained his discharge, which is filed in the case in bar of further proceedings.
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Tobt against a constable of the city of Boston, for the conversion of personal property. Trial in the Superior Court, before Putnam, J., who allowed a bill of exceptions in substance as follows: After the commencement of the suit, the defendant filed his petition in bankruptcy, and subsequently obtained his discharge, which is filed in the case in bar of further proceedings. The plaintiff thereupon filed the following replication, and offered to prove the facts alleged in it: “ And now comes the plaintiff and replies that this debt or claim is not discharged by bankruptcy; that the property…
1Opinion of the CourtMorton, J.
The defendant, as a constable of the city of Boston, attached the goods of the plaintiff upon writs against a third person. This was a conversion of the goods, which made the defendant liable to an action of tort in the nature of trover. He sets up in defence a discharge in bankruptcy subsequently obtained, and the question presented by the bill of exceptions is whether such discharge is a bar to the plaintiff’s claim.
There is no doubt that ordinarily a discharge in bankruptcy is a bar to all claims for or on account of any goods or chattels wrongfully taken or converted by the bankrupt. U.…
2Cases cited6 opinions
- Cronan v. CottingMassachusetts Supreme Judicial Court · 1870
- Carpenter v. TurrellMassachusetts Supreme Judicial Court · 1868
- Woodward v. TowneMassachusetts Supreme Judicial Court · 1879
- Tracy v. WarrenMassachusetts Supreme Judicial Court · 1870
- Burnham v. NoyesMassachusetts Supreme Judicial Court · 1878
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Train v. Marshall Paper Co.Massachusetts Supreme Judicial Court · 1902
- Ryan v. LyonMassachusetts Supreme Judicial Court · 1912
- Crocker v. ButtrickMassachusetts Supreme Judicial Court · 1905