Bennett v. Goldthwait
Massachusetts Supreme Judicial Court
Contract for goods sold and delivered. The answer alleged that after the issuing' of the writ, the defendant was adjudged a bankrupt on his own petition, and the plaintiffs proved the debt declared on against his estate.
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Contract for goods sold and delivered. The answer alleged that after the issuing' of the writ, the defendant was adjudged a bankrupt on his own petition, and the plaintiffs proved the debt declared on against his estate. At the trial in the superior court, before Rockwell, J., the plaintiffs admitted that the facts alleged in the answer were true, whereupon the judge ruled that those facts were a defence to the action, and directed a verdict for the defendant, which was returned, and the plaintiffs alleged exceptions.
1Opinion of the CourtGray, J.
The existing bankrupt act of the United States provides that “ no creditor proving his debt or claim shall be allowed to maintain any suit at law or in equity therefor against the bankrupt, but. shall be deemed to have waived all right of action and suit against the bankrupt, and all proceedings already commenced or unsatisfied judgments already obtained thereon shall be deemed to be discharged and surrendered thereby.” U. S. St. of 1867, e. 176, § 21.
This provision was not contained in the bankrupt act of 1800 nor in our own insolvent laws, and the decisions under either of those statutes…
2Cases cited3 opinions
- Commercial Bank of Manchester v. BucknerSupreme Court of the United States · 1858
- In re NeedhamDistrict Court, D. Massachusetts · 1869
- Haxtun v. CorseNew York Court of Chancery · 1844
3Cited by7 opinions
- New Lamp Chimney Co. v. Ansonia Brass & Copper Co.Supreme Court of the United States · 1876
- Cutter v. EvansMassachusetts Supreme Judicial Court · 1874
- Chamberlin v. Huguenot Manufacturing Co.Massachusetts Supreme Judicial Court · 1875
- Goodnow v. HillMassachusetts Supreme Judicial Court · 1878
- Brandon Manufacturing Co. v. A. A. Frazer & Co.Supreme Court of Vermont · 1874
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