Seavey v. Beckler
Massachusetts Supreme Judicial Court
Contract for work done and materials furnished. In the Superior Court, the case was referred by consent of parties and rule of court.
Read the full summary
Contract for work done and materials furnished. In the Superior Court, the case was referred by consent of parties and rule of court. Before proceeding with the hearing before the referee, the defendant filed a suggestion in writing, that he had been adjudged a bankrupt under the bankrupt law of the United States, that the proceedings in bankruptcy were-still pending in the United States District Court, and that six months had not yet elapsed since the commencement of those proceedings; and also filed a motion that the case be therefore continued to await such proceedings in bankruptcy, and…
1Opinion of the CourtGray, C. J.
The bankrupt act of the United States peremptorily requires that any suit upon a claim provable in bankruptcy shall, upon the application of the bankrupt, be stayed to await the determination of the court in bankruptcy upon the question of his discharge, unless there is unreasonable delay on the part of the bankrupt in endeavoring to obtain his discharge, or leave is granted by the court in bankruptcy to prosecute the suit to judgment to ascertain the amount due. U. S. Rev. Sts. § 5106. The object of this enactment is to protect the bankrupt from being harassed by suits before the question of…
2Cases cited4 opinions
- Towne v. RiceMassachusetts Supreme Judicial Court · 1877
- Ray v. WightMassachusetts Supreme Judicial Court · 1876
- Page v. ColeMassachusetts Supreme Judicial Court · 1877
- National Bank of Clinton v. TaylorMassachusetts Supreme Judicial Court · 1876
3Cited by1 opinion
- Moors v. AlbroMassachusetts Supreme Judicial Court · 1880