Legal Opinion

Ray v. Wight

Massachusetts Supreme Judicial Court

Decided January 10, 1876PublishedCited by 20 opinions

Contract against the acceptors of a draft for $2500, made by ihe Waterville Manufacturing Company, payable four months after date, and dated September 3, 1873. Writ dated January 20, 1874, and served on the trustees on the same day. The trustees admitted funds of the defendants in their hands to the amount of $1164, and they were in December, 1874, charged as trustees.

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Contract against the acceptors of a draft for $2500, made by ihe Waterville Manufacturing Company, payable four months after date, and dated September 3, 1873. Writ dated January 20, 1874, and served on the trustees on the same day. The trustees admitted funds of the defendants in their hands to the amount of $1164, and they were in December, 1874, charged as trustees. The defendants appeared and filed an answer, alleging that they had been on November 7,1875, adjudicated bankrupts, and that sufficient time had not elapsed for them to obtain their discharge, and praying that this suit should…

1Opinion of the CourtGray, C. J.

A creditor who has brought his action more than four months before the commencement of the proceedings in bankruptcy, and has made an attachment which is not dissolved by such proceedings, may doubtless, after the question of the bankrupt’s discharge has been determined by the United States court, have a special judgment against the property attached, even if a certificate of discharge has been granted to the bankrupt. Davenport v. Tilton, 10 Met. 320. Bates v. Tappan, 99 Mass. 376. Stockwell v. Silloway, 113 Mass. 382. Johnson v. Collins, 116 Mass. 392. Peck v. Jenness, 7 How. 612. Doe v.…

2Cases cited10 opinions

  1. Peck v. JennessSupreme Court of the United States · 1849
  2. Doe v. ChildressSupreme Court of the United States · 1875
  3. Cutter v. EvansMassachusetts Supreme Judicial Court · 1874
  4. Bradford v. RiceMassachusetts Supreme Judicial Court · 1869
  5. Bates v. TappanMassachusetts Supreme Judicial Court · 1868

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3Cited by20 opinions

  1. Dimock v. Revere Copper Co.Supreme Court of the United States · 1886
  2. Hill v. HardingSupreme Court of the United States · 1883
  3. Rosenthal v. NoveMassachusetts Supreme Judicial Court · 1900
  4. Holland v. MartinMassachusetts Supreme Judicial Court · 1877
  5. Golden v. BlaskopfMassachusetts Supreme Judicial Court · 1879

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