Griswold v. Pratt
Massachusetts Supreme Judicial Court
This was an action of trover, brought by the assignee of Orín D. Myrick, and was submitted to the court on the following statement of facts : On the 3d of March 1842, said Myrick, being in a state of bankruptcy, and owing over $2000, applied to a master in chancery, in this county, for the benefit of the insolvent law of 1838, c. 163. On the 16th of said March, the plaintiff was appointed, in the manner prescribed by said law, assignee of the goods and estate of said Myrick.
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This was an action of trover, brought by the assignee of Orín D. Myrick, and was submitted to the court on the following statement of facts : On the 3d of March 1842, said Myrick, being in a state of bankruptcy, and owing over $2000, applied to a master in chancery, in this county, for the benefit of the insolvent law of 1838, c. 163. On the 16th of said March, the plaintiff was appointed, in the manner prescribed by said law, assignee of the goods and estate of said Myrick. Afterwards, and before the commencement of this suit, the plaintiff demanded of the defendant the property alleged in…
1Opinion of the CourtDewey, J.
This case presents the interesting question of the effect of the United States-bankrupt law, enacted in 1841, upon the insolvent laws of the individual States, then in force. The facts here stated raise the direct question, whether the enactment of a national bankrupt law does, ipso facto, suspend and abrogate, during the continuance of such law, all general insolvent laws of the several States, so far as they have reference to future cases, and are applicable to the same persons, the same contracts, and the same assets, as are made subject to proceedings under the bankrupt law.
The individual…
2Cases cited4 opinions
- Ogden v. SaundersSupreme Court of the United States · 1827
- Bank of Columbia v. OkelySupreme Court of the United States · 1819
- Blanchard v. RussellMassachusetts Supreme Judicial Court · 1816
- Whitney v. SudduthCourt of Appeals of Kentucky · 1863
3Cited by2 opinions
- Potts v. Smith Manufacturing Co.Superior Court of Pennsylvania · 1904
- Costello v. HarbaughAppellate Court of Illinois · 1899