Morency v. Landry
Supreme Court of New Hampshire
Probate Appeal, from the report of the commissioner on the estate of Narcisse Landry. Landry was a resident of St. Marie in the Province of Quebec in 1899, when he gave J. A. Morency, the plaintiff’s intestate, a note, which Morency discounted at the local bank.
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Probate Appeal, from the report of the commissioner on the estate of Narcisse Landry. Landry was a resident of St. Marie in the Province of Quebec in 1899, when he gave J. A. Morency, the plaintiff’s intestate, a note, which Morency discounted at the local bank. As the note was not paid at maturity, the bank sued both Landry and Morency and recovered judgment against them in 1900. Morency paid the judgment in 1902 and his administratrix is now attempting to enforce it against Landry’s estate. Landry subsequently emigrated to this state, filed a voluntary petition in bankruptcy in 1906,…
1Opinion of the CourtPeaslee, J.
The bankruptcy act of July 1, 1898, provides that ' “a discharge in bankruptcy shall release a bankrupt from all of his provable debts,” duly scheduled by the bankrupt, with the name of the creditor if known,' with certain exceptions not material here. s. 17 a. The act also refers in terms to the claims of those residing outside the United States, as entitled to share in the dividends declared, s. 66 d. The plain conclusion from these provisions seems to be that debts due to non-resident creditors, when properly scheduled, are discharged, so far as congress has the power to enact that such a…
2Cases cited6 opinions
- Ogden v. SaundersSupreme Court of the United States · 1827
- Stellwagen v. ClumSupreme Court of the United States · 1918
- Kreitlein v. FergerSupreme Court of the United States · 1915
- Phelps v. . BorlandNew York Court of Appeals · 1886
- McDougall v. PageSupreme Court of Vermont · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Brantley v. Weeks (In Re Brantley)United States Bankruptcy Court, D. Maryland · 1990
- Levine v. KatzMichigan Supreme Court · 1940
- Quilici v. ThompsonNevada Supreme Court · 1941
- Ball v. CohenSupreme Court of Vermont · 1970
- Walton v. WilkinsOhio Court of Appeals · 1933