Legal Opinion

Brandon Manufacturing Co. v. A. A. Frazer & Co.

Supreme Court of Vermont

Decided October 15, 1874PublishedCited by 4 opinions

Assumpsit upon two promissory notes. The writ was dated November 18, 1870. The defendants pleaded the general issue, and a special plea in bar, that on the 29th of said November, involuntary proceedings in bankruptcy were instituted against them, wherein such proceedings were had that on the 7th of January, 1871, they were adjudged bankrupts, and an assignee appointed, and that afterwards the plaintiff proved its debt against them in bankruptcy, and that the bankruptcy…

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Assumpsit upon two promissory notes. The writ was dated November 18, 1870. The defendants pleaded the general issue, and a special plea in bar, that on the 29th of said November, involuntary proceedings in bankruptcy were instituted against them, wherein such proceedings were had that on the 7th of January, 1871, they were adjudged bankrupts, and an assignee appointed, and that afterwards the plaintiff proved its debt against them in bankruptcy, and that the bankruptcy proceedings were.still pending. General demurrer to the special plea, and joinder. The court, at the September term, 1878,…

1Opinion of the Court

The opinion of the court was delivered by

Wheeler, J.

The first clause of the 21st section of the Bankrupt Act of 1867, as it stood before the late amendments, and when the judgment under revision was rendered, provided, “ That no creditor proving his debt or claim shall be allowed to maintain any suit at law or in equity therefor against the bankrupt, but shall be deemed to have waived all right of action and suit against the bankrupt; and all proceedings already commenced, or unsatisfied judgments already obtained thereon, shall be deemed to be discharged and surrendered thereby.” These…

2Cases cited4 opinions

  1. Haxtun v. CorseNew York Court of Chancery · 1848
  2. Ansonia Brass & Copper Co. v. New Lamp-Chimney Co.New York Court of Appeals · 1873
  3. Bennett v. GoldthwaitMassachusetts Supreme Judicial Court · 1872
  4. Humphreys v. SwettSupreme Judicial Court of Maine · 1850

3Cited by4 opinions

  1. Weeks v. PrescottSupreme Court of Vermont · 1881
  2. In re BatesDistrict Court, D. Vermont · 1900
  3. Lewis v. HigginsCourt of Appeals of Maryland · 1879
  4. Hill v. PhillipsSupreme Court of Rhode Island · 1883

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