Legal Opinion

Goodrich v. Wilson

Massachusetts Supreme Judicial Court

Decided January 10, 1876PublishedCited by 14 opinions

Tort by the assignee in bankruptcy of William F. Wilson, to recover $2700 alleged to have been paid by the bankrupt to the defendant in fraud of the bankrupt act. There were also counts in contract for the same cause of action. Writ dated March 18, 1872. The defendant moved to dismiss the action for want of jurisdiction.

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Tort by the assignee in bankruptcy of William F. Wilson, to recover $2700 alleged to have been paid by the bankrupt to the defendant in fraud of the bankrupt act. There were also counts in contract for the same cause of action. Writ dated March 18, 1872. The defendant moved to dismiss the action for want of jurisdiction. This motion was overruled, and the defendant filed an answer containing a general denial, and alleging that the sum of $500, and the further sum of $700, were borrowed of the defendant, and were repaid to him while William F. Wilson was solvent, and before bankruptcy…

1Opinion of the CourtGray, C. J.

The jurisdiction conferred upon the courts of the United States as courts of bankruptcy extends to all controversies between the bankrupt and his creditors, and to the collection, marshalling and distribution of his assets. But the jurisdiction of suits at law or equity between the assignee in bankruptcy and any person claiming an adverse interest, is conferred by a distinct provision of the act of Congress, and is not incidental to the jurisdiction in bankruptcy. The jurisdiction in bankruptcy is exclusively vested in the Circuit and District Courts of the United States, and their exercise…

2Cases cited4 opinions

  1. Marshall v. KnoxSupreme Court of the United States · 1873
  2. Smith v. MasonSupreme Court of the United States · 1871
  3. Hanson v. HerrickMassachusetts Supreme Judicial Court · 1868
  4. Otis v. HadleyMassachusetts Supreme Judicial Court · 1873

3Cited by14 opinions

  1. Kidder v. . HorrobinNew York Court of Appeals · 1878
  2. McKenna v. SimpsonSupreme Court of the United States · 1889
  3. Hecht, Reed & Co. v. SpringsteadSupreme Court of Iowa · 1879
  4. Goodrich v. WilsonMassachusetts Supreme Judicial Court · 1883
  5. Truda v. OsgoodSupreme Court of New Hampshire · 1901

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