Cobbossee National Bank v. Rich
Supreme Judicial Court of Maine
On eepoet, from tbe superior court for Kennebec county. The court were to draw such inferences as a jury might from the legally admissible testimony, and render such judgment as the law and evidence require. This was an action of assumpsit upon defendant’s promissory notes due to plaintiff bank.
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On eepoet, from tbe superior court for Kennebec county. The court were to draw such inferences as a jury might from the legally admissible testimony, and render such judgment as the law and evidence require. This was an action of assumpsit upon defendant’s promissory notes due to plaintiff bank. The defendant pleaded the general issue, and, as special matter of defense, his discharge in insolvency granted by the insolvent court, for Kennebec county, under composition proceedings, according to chapter 70, of 11. S., upon his petition filed in said court August 17, 1886. The plaintiff joined in…
1Opinion of the CourtPeters, C. J.
The defendant went into voluntary insolvency, obtaining his discharge under a composition with creditors. The plaintiffs were parties to the composition, accepting the dividend on their debt. They afterwards sued for, and claim to recover, the balance of their debt, by virtue of § 62 of the insolvency statute. That section provides that a creditor may maintain such an action as the present, when the signature of any creditor to the composition has been obtained by fraud, or when the debtor has knowingly made any false statement of a material character in the affidavit or schedules required of…
2Cases cited6 opinions
- Shaw v. McGregoryMassachusetts Supreme Judicial Court · 1870
- Mudge v. WilmotMassachusetts Supreme Judicial Court · 1878
- Stanton v. . EllisNew York Court of Appeals · 1855
- Home National Bank v. CarpenterMassachusetts Supreme Judicial Court · 1880
- In re HaskellDistrict Court, D. Massachusetts · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Bunten v. Rock Springs Grazing Ass'nWyoming Supreme Court · 1923
- Edwards v. CooperIndiana Supreme Court · 1907
- Fairbanks, Morse & Co. v. GetchellCalifornia Court of Appeal · 1910
- Liebole v. TrasterIndiana Court of Appeals · 1908
- St. Louis-S. F. Ry. Co. v. City of WetumkaSupreme Court of Oklahoma · 1929
2 more not listed; retrieve them via the Exa API.