Hussey v. Crawford
Massachusetts Supreme Judicial Court
Two APPEALS from orders of the Court of Insolvency disallowing claims presented against an insolvent corporation. The first case was submitted to the Superior Court on October 3, 1890, and the second case on October 7, 1890, on agreed facts, in substance as follows.
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Two APPEALS from orders of the Court of Insolvency disallowing claims presented against an insolvent corporation. The first case was submitted to the Superior Court on October 3, 1890, and the second case on October 7, 1890, on agreed facts, in substance as follows. The Thayer and Judd Paraffine Corporation, more than six months before it filed a petition in insolvency, gave a bond to dissolve an attachment in an action of contract brought against it, which was signed by John B. Hussey3and Lewis S. Judd as sureties. After the corporation was adjudged an insolvent debtor, the attaching…
1Opinion of the CourtC. Allen, J.
It is provided in the Pub. Sts. c. 157, § 26, that “if the debtor is liable for any debt in consequence of . . . the payment of any sum by a surety of the debtor in any contract, if the payment is made before the making of the first dividend, such debt may be proved and allowed as if it had been due and payable by the debtor before the first publication.” Under § 129 of the same chapter, such claims may be proved against an insolvent corporation before the making of the last .dividend. The language of the above sections is broad enough to embrace the claims of these sureties. The bond which…
2Cases cited3 opinions
- Wyman v. FabensMassachusetts Supreme Judicial Court · 1872
- Abbott v. StearnsMassachusetts Supreme Judicial Court · 1885
- Fairbanks v. LambertMassachusetts Supreme Judicial Court · 1884
3Cited by1 opinion
- McDermott v. HallMassachusetts Supreme Judicial Court · 1900