Cook v. Coyle
Massachusetts Supreme Judicial Court
Contract. The defendant filed a supplemental answer, in which he averred that since the filing of his former answer he had been adjudged a bankrupt. At the trial in the Superior Court, before Pitman, J., the plaintiff relied on an auditor’s report.
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Contract. The defendant filed a supplemental answer, in which he averred that since the filing of his former answer he had been adjudged a bankrupt. At the trial in the Superior Court, before Pitman, J., the plaintiff relied on an auditor’s report. The defendant objected to its admission because it appeared by it (and it- was admitted to be a fact) that, prior to the hearing before the auditor, proceedings in bankruptcy had been commenced and were then pending against his estate ; and what he had contended before the auditor that the hearing could not be lawfully proceeded with, because it…
1Opinion of the CourtWells, J.
The bankrupt law of the United States, § 21, provides, “ That no creditor proving his debt or claim shall be allowed to maintain any suit at law or in equity therefor against the bankrupt, but shall be deemed to have waived all right of action and suit against the bankrupt; and all proceedings already commenced, or unsatisfied judgments already obtained thereon, shall be deemed to be discharged and surrendered thereby.” The two paragraphs next following in the same section relate to claims provable, but not proved, in bankruptcy.
Congress being vested with the power to establish “ uniform laws…
2Cases cited1 opinion
- Bennett v. GoldthwaitMassachusetts Supreme Judicial Court · 1872
3Cited by1 opinion
- Valpey v. ReaMassachusetts Supreme Judicial Court · 1878