Fernald v. Clark
Supreme Judicial Court of Maine
Facts agreed. The defendant’s discharge in insolvency released him only, from such debts, claims, liabilities and demands, as were or might have been proved against his estate in insolvency. E. S., c. 70, § 49. The case of Fernald v. Johnson, 71 Maine, 437, settles the fact that Feruald’s claim under the contract was not provable against Clark in insolvency.
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Facts agreed. The defendant’s discharge in insolvency released him only, from such debts, claims, liabilities and demands, as were or might have been proved against his estate in insolvency. E. S., c. 70, § 49. The case of Fernald v. Johnson, 71 Maine, 437, settles the fact that Feruald’s claim under the contract was not provable against Clark in insolvency. Counsel cited : Fowler v. Kendall, 44 Maine, 448 ; Reed v. Pierce, 3(5 Id. 455 ; Hole v. Warren, 32 Id. 94 ; Filis v. Ham, 28 Id. *85 ; Wells v. Mace, 17 Vt. 503 ; Woodard v. Herbert, 24 Maine, 358 ; Mann v. Houghton, 7 Cush. 592 ;…
1Opinion of the CourtPeters, C. J.
The facts stated show that the plaintiff and defendant had been copartners in business; that the plaintiff sold his interest in the partnership to the defendant, the latter giving the plaintiff as a part of the consideration of sale an agreement to pay the partnership debts; that the defendant afterwards went into insolvency, receiving in due time his discharge; that certain creditors named in the report as holding demands against the partnership proved their claims against the defendant’s estate, receiving dividends thereon; that after the insolvency proceedings the same creditors collected…
2Cases cited5 opinions
- Timothy L. MacE in Error v. Jared WellsSupreme Court of the United States · 1848
- In re BabcockU.S. Circuit Court for the District of Massachusetts · 1844
- Wells v. MaceSupreme Court of Vermont · 1845
- Spalding v. DixonSupreme Court of Vermont · 1848
- Crafts v. MottNew York Supreme Court · 1849
3Cited by1 opinion
- In re DillonDistrict Court, D. Massachusetts · 1900