Atwood v. Bailey
Massachusetts Supreme Judicial Court
Contract, by a claim adjuster, for an agreed compensation for services, of ten per cent on all moneys received by the defendant in a certain suit against an accident insurance company above the sum of $2,000, the suit having been settled for $4,750. Writ dated February 18, 1900. At the trial in the Superior Court before Maynard, J., the plaintiff testified that he went into bankruptcy on July 17, 1901. At the close of the evidence the judge ruled that upon the evidence as to…
Read the full summary
Contract, by a claim adjuster, for an agreed compensation for services, of ten per cent on all moneys received by the defendant in a certain suit against an accident insurance company above the sum of $2,000, the suit having been settled for $4,750. Writ dated February 18, 1900. At the trial in the Superior Court before Maynard, J., the plaintiff testified that he went into bankruptcy on July 17, 1901. At the close of the evidence the judge ruled that upon the evidence as to the bankruptcy proceedings the action could not be maintained, and ordered a verdict for the defendant. The plaintiff…
1Opinion of the CourtLoring, J.
In this case the plaintiff was held not to be entitled to maintain his action because he was duly adjudicated a bankrupt after the action was begun. The present bankruptcy act under which the plaintiff was adjudicated a bankrupt vests the title to the bankrupt’s property in the trustee without an assignment in fact. U. S. St. 1898, c. 541, § 70. 30 U. S. Sts. at Large, 563.
It is settled that an assignment in bankruptcy is a defence to a prior action brought by the bankrupt unless it affirmatively appears that either the prior action in the name of the bankrupt is being prosecuted by the…
2Cases cited4 opinions
- Mayhew v. PentecostMassachusetts Supreme Judicial Court · 1880
- Herring v. DowningMassachusetts Supreme Judicial Court · 1888
- Jones v. DexterMassachusetts Supreme Judicial Court · 1878
- Kenyon v. WrisleyMassachusetts Supreme Judicial Court · 1888
3Cited by3 opinions
- Roberts v. FoggMassachusetts Supreme Judicial Court · 1923
- Morgan v. OwnbeySuperior Court of Delaware · 1923
- Equitable Life Assurance Society of United States v. PerkinsIndiana Court of Appeals · 1907