Littlefield v. Gay
Supreme Judicial Court of Maine
Exceptions by plaintiff. Action by the plaintiff as assignee of F. A. Blaekington, of Rock-land, insolvent debtor, to recover a preference under .the insolvent law of Maine. The petition in insolvency was filed Dec. 4, 1899, by the insolvent’s creditors, and the plaintiff was appointed assignee. The other matei’ial facts are stated in the opinion.
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Exceptions by plaintiff. Action by the plaintiff as assignee of F. A. Blaekington, of Rock-land, insolvent debtor, to recover a preference under .the insolvent law of Maine. The petition in insolvency was filed Dec. 4, 1899, by the insolvent’s creditors, and the plaintiff was appointed assignee. The other matei’ial facts are stated in the opinion. It is not the right to establish uniform laws on the subject of bankruptcy, but their actual establishment, which is inconsistent with the partial acts of the states. 8turges v. Crowninslvield, 4 Wheat. 122, 196. By some courts it has been and still…
1Opinion of the CourtStrout, J.
The question here involved is whether the insolvency law of this state is superseded by the bankrupt act of the United States, as to debtors owing more than three hundred dollars and less than one thousand.
The insolvent law of this state is not wholly superseded by the bankrupt act, but when they come in conflict, the latter must prevail. *424Damon’s Appeal, 70 Maine, 155. So far as the person and subject matter falls within the provisions of the bankrupt act, and is within the jurisdiction of the bankrupt court, the state insolvency law is superseded and cannot be invoked. First National Bank of…
2Cases cited1 opinion
- Ogden v. SaundersSupreme Court of the United States · 1827
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- Adrian State Bank v. KlinkhammerSupreme Court of Minnesota · 1930