In re Swift
District Court, D. Massachusetts
In Bankruptcy. On petition of Wilcox and others, creditors, to be allowed to prove his claim in the matter of the bankruptcy of Frederick Swift and others, and for reinstatement of a lien.
1Opinion of the Court
LOWEEE, District Judge.
Wilcox, a creditor of the bankrupt, sued him and garnished Post & Flagg less than four months before the filing of the petition. Thereafter he proceeded to judgment, took out execution, and collected from Post & Flagg the amount due him from the bankrupt, in the belief that it had been duly recovered under a valid garnishment, and that there had thus been effected a full settlement of the judgment rendered against the bankrupt. The judgment was entered satisfied. At that time Wilcox knew that bankruptcy proceedings were pending, and that Swift’s trustee claimed the debt…
2Cases cited3 opinions
- Standard Oil Co. of Ky. v. HawkinsCourt of Appeals for the Seventh Circuit · 1896
- In re ParkesDistrict Court, E.D. Michigan · 1865
- Union Nat. Bank of Chicago v. McKeyCourt of Appeals for the Seventh Circuit · 1900
3Cited by1 opinion
- Penn Mut. Life Ins. v. ForcierDistrict Court, E.D. Missouri · 1937