Way v. Howe
Massachusetts Supreme Judicial Court
CONTBAOT on a promissory note made by the defendant. The answer set up a discharge in bankruptcy granted to him by the district court of the United States for the district of Massachusetts, in proceedings begun under the United States bankrupt act of 1867, c. 176, after the making of the note.
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CONTBAOT on a promissory note made by the defendant. The answer set up a discharge in bankruptcy granted to him by the district court of the United States for the district of Massachusetts, in proceedings begun under the United States bankrupt act of 1867, c. 176, after the making of the note. The plaintiff replied that the discharge was invalid, because the defendant, before his bankruptcy and in contemplation thereof, transferred part of his property for the purpose of preventing it from coming into possession of the assignee in bankruptcy and being distributed under the act in satisfaction…
1Opinion of the CourtGray, J.
This case presents the question whether a certificate of discharge, granted by the district court of the United States under the bankrupt act of 1867, c. 176, can be impeached in a state court (in an action brought upon a debt which was provable against the estate in bankruptcy and which was of a nature to be barred by a valid discharge) on account of a fraudulent conveyance of property by the bankrupt.
It is not doubted that Congress, under the power to establish a uniform system of bankruptcy, may prescribe the conditions upon which a certificate of discharge shall be granted, and the extent…
2Cases cited4 opinions
- The Ocean National Bank v. . OlcottNew York Court of Appeals · 1871
- Simms v. SlacumSupreme Court of the United States · 1806
- Crocker v. Marine National BankMassachusetts Supreme Judicial Court · 1869
- Beardsley v. HallSupreme Court of Connecticut · 1869
3Cited by19 opinions
- Black v. BlazoMassachusetts Supreme Judicial Court · 1875
- Blair v. HannaIndiana Supreme Court · 1882
- Thomas v. JonesWisconsin Supreme Court · 1875
- Fuller v. PeaseMassachusetts Supreme Judicial Court · 1887
- Kempton v. SaundersMassachusetts Supreme Judicial Court · 1881
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