Cunningham v. Hall
Supreme Judicial Court of Maine
On report. The principal defendants were declared bankrupts upon their own petition within four months after the writ in this case was commenced and service made on the trustee. The estate of the defendants was not conveyed to an assignee in bankruptcy, as no assignee was ever chosen or appointed, but the estate was settled under a resolution for composition which was approved and recorded by the court, the plaintiffs not taking the percentage offered upon their claim.
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On report. The principal defendants were declared bankrupts upon their own petition within four months after the writ in this case was commenced and service made on the trustee. The estate of the defendants was not conveyed to an assignee in bankruptcy, as no assignee was ever chosen or appointed, but the estate was settled under a resolution for composition which was approved and recorded by the court, the plaintiffs not taking the percentage offered upon their claim. The plaintiffs contend that because the estate was not transferred to an assignee, their lien of attachment upon the funds in…
1Opinion of the CourtPeters, J.
A composition in bankruptcy does not discharge the lien created by an attachment of the bankrupt’s property, unless the estate has been conveyed to an assignee. The reason is this: An attachment is a lien which the law cannot release except by such means as may be provided for the purpose in the bankrupt law itself. Peck v. Jenness, 7 How. 612. The only mode provided is that contained in H. S. R. S., § 5044, which declares that an assignment in bankruptcy shall relate back and vest the title of the estate in the assignee, notwithstanding the same is held under an attachment not four months…
2Cases cited6 opinions
- Peck v. JennessSupreme Court of the United States · 1849
- Morgan v. CampbellSupreme Court of the United States · 1875
- Miller v. MackenzieCourt of Appeals of Maryland · 1876
- Sage v. HellerMassachusetts Supreme Judicial Court · 1878
- In re ClappDistrict Court, D. Massachusetts · 1876
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