Messer v. Storer
Supreme Judicial Court of Maine
On report. Bill in equity. Heard on bill, answer and proof. The bill, after setting out the proceedings in the court of insolvency, sufficiently stated in the opinion, contained the following allegation: "Tenth.
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On report. Bill in equity. Heard on bill, answer and proof. The bill, after setting out the proceedings in the court of insolvency, sufficiently stated in the opinion, contained the following allegation: "Tenth. That your orators are informed and believe that the affidavit tiled by said insolvents applying for said composition under said proceedings for composition as provided by section 62, chapter 70, of the Revised Statutes of this state, are not true, but that they had, and ever since have concealed and secreted money, securities, effects and property, real and personal, belonging to them…
1Opinion of the CourtLibbey, J.
This is a bill in equity brought to set aside and annul the discharges granted to the defendants, who were insolvent debtors, as co-partners and in their individual capacity, by the court of insolvency. Two grounds are relied upon in support of the bill. First, that the court of insolvency denied the petitioners, on their application therefor, the right to examine the insolvent debtors upon all matters relating to their insolvency as provided in § 42, c. 70, R. S.
Second, that the respondents committed acts in fraud of the insolvency statute, which renders their discharges invalid.
The first…
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