Van Ingen v. Beal
Massachusetts Supreme Judicial Court
. Bill in equity, under Pub. Sts. c. 157, § 15, against the defendant Beal, an insolvent debtor, the judge of the Court of Insolvency for the County of Suffolk, and others, to set aside a decree of that court confirming certain composition proceedings in the case of the defendant Beal.
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. Bill in equity, under Pub. Sts. c. 157, § 15, against the defendant Beal, an insolvent debtor, the judge of the Court of Insolvency for the County of Suffolk, and others, to set aside a decree of that court confirming certain composition proceedings in the case of the defendant Beal. At the trial, before Allen, J., the plaintiffs’ counsel made a general opening of the case upon the facts and law, and suggested that, if the law question should be decided in their favor, it would not be necessary to go into the testimony upon the disputed facts as to the validity of the creditors’ claims…
1Opinion of the Court
Field, O. J.
This case presents an important question of practice in proceedings for composition in insolvency. It is contended by the plaintiffs, that, when objection is made ■ to claims offered for proof which are large and appear to be doubtful, it is the duty of the judge of insolvency to postpone the consideration of them, and to appoint an assignee to examine them, who may appeal to the Superior Court if they are subsequently allowed against his objection. It is contended by the defendants that an assignee should never be appointed in composition proceedings for the sole purpose of…
2Cases cited4 opinions
- New Bedford Institution for Savings v. HathawayMassachusetts Supreme Judicial Court · 1883
- Woodward v. SpurrMassachusetts Supreme Judicial Court · 1885
- Thomson v. PoorMassachusetts Supreme Judicial Court · 1895
- Spurr v. DeanMassachusetts Supreme Judicial Court · 1885
3Cited by1 opinion
- Hill v. McKimMassachusetts Supreme Judicial Court · 1897