Friend v. Talcott
Supreme Court of the United States
CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SEVENTH CIRCUIT. The facts, which involve the right of a claimant who has accepted a dividend under .-a composition to recover against the bankrupt after the discharge on the ground of deceit prior to the bankruptcy, are stated-in the opinion.
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CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SEVENTH CIRCUIT. The facts, which involve the right of a claimant who has accepted a dividend under .-a composition to recover against the bankrupt after the discharge on the ground of deceit prior to the bankruptcy, are stated-in the opinion. Talcott has had his day in court on the issue as to whether or not his claim is barred by the discharge of the bankrupts, and they ought not to be twice vexed with the same controversy. The business was all partnership business; the supposed financial statement was made by the bankrupts or on behalf of…
1Opinion of the CourtChief Justice White
On February 1, 1904, the commercial firm of Friend, Moss & Morris, and its members, were adjudicated bankrupts. As the-issues here to be considered are unaffected thereby and the subject was treated as irrelevant by the courts below and no question concerning it is insisted on by the respondent, we put out of view an order subsequently, made setting aside the adjudication as to the members of the firm individually.
Talcott, the respondent, was allowed a claim for $3,204.91, the unpaid-price of goods sold to the firm on credit. The firm, availing of the right to make a com-, position with its…
2Cases cited2 opinions
- Chapman v. Forsyth & LimerickSupreme Court of the United States · 1844
- Crawford v. BurkeSupreme Court of the United States · 1904
3Cited by44 opinions
- Friend v. TalcottSupreme Court of the United States · 1913
- National Shawmut Bank v. JohnsonMassachusetts Supreme Judicial Court · 1945
- Harrison v. DonnellyCourt of Appeals for the Eighth Circuit · 1946
- Wilson v. WaltersCalifornia Supreme Court · 1941
- Hoyle v. BagbySupreme Court of North Carolina · 1961
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