Blake v. Clary
Supreme Judicial Court of Maine
On motion. This was a proceeding by petition of the appellees, Clary and Quinn, filed September 28, 1887, in the Court of Insolvency for Kennebec County, to annul the discharge of the appellant Blake. There was a hearing thereon in that court and in February, 1888, a decree was made that the discharge be annulled.
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On motion. This was a proceeding by petition of the appellees, Clary and Quinn, filed September 28, 1887, in the Court of Insolvency for Kennebec County, to annul the discharge of the appellant Blake. There was a hearing thereon in that court and in February, 1888, a decree was made that the discharge be annulled. The petition alleged that Blake, or some one in his behalf, had obtained the assent of one Carter, and H. S. Brown and Co., creditors, to his discharge by a pecuniary consideration. Blake appealed from this decree to the Supreme Judicial Court, Kennebec County, where it was tried to…
1Opinion of the CourtWalton, J.
An insolvent debtor’s discharge, if fraudulently obtained, may be annulled on petition of a creditor who, at the time the discharge was granted, had no knowledge of the fraud. But such a petition can not be maintained by a creditor who had such knowledge. His remedy is to resist the granting of the discharge, it. S., c. 70, § 49. And the knowledge of an attorney is the knowledge of his client. Rogers v. Palmer, 102 U. S. 263; Sartwell v. North, 144 Mass. 188. And see Bank v. Chase, 72 Maine, 226, where the authorities are collated and the doctrine of imputed notices fully discussed.
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2Cases cited2 opinions
- Rogers v. PalmerSupreme Court of the United States · 1880
- Sartwell v. NorthMassachusetts Supreme Judicial Court · 1887
3Cited by1 opinion
- Orlandella v. O'BRIENSupreme Judicial Court of Maine · 1994