Legal Opinion

Paine v. Caldwell

District Court, D. Maine

Decided December 15, 1872Published

Bill by the assignee of a bankrupt, to recover from‘'fifIenry L. Caldwell] a citizen of Massachusetts the amount of a judgment recovered by him in the courts of Maine against his debtor, the bankrupt, and collected in fraud of the bankrupt act through an attorney resident in Maine, upon whom process was served.

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Bill by the assignee of a bankrupt, to recover from‘'fifIenry L. Caldwell] a citizen of Massachusetts the amount of a judgment recovered by him in the courts of Maine against his debtor, the bankrupt, and collected in fraud of the bankrupt act through an attorney resident in Maine, upon whom process was served. The respondent appeared, and pleaded that the court had not jurisdiction over him, inasmuch as he was a citizen of Massachusetts, neither found within, nor having property within the jurisdiction of the court As to the sufficiency of the plea, the cause was heard. 2 [Albert W. Paine,…

1Opinion of the Court

FOX, District Judge.

The question presented is one of jurisdiction. Can the district court sustain a bill in equity brought by an assignee in bankruptcy in this district against a citizen of Massachusetts not found in this district and who has no property therein, the bill being instituted to recover back the amount received from a preference in fraud of the act by the respondent obtaining a judgment against the bankrupt before the supreme court of this state and collecting the same within four months of the commencement of proceedings in bankruptcy, the bankrupt being known by the respondent…

2Cases cited3 opinions

  1. Forbes v. HoweMassachusetts Supreme Judicial Court · 1869
  2. Beals v. QuinnMassachusetts Supreme Judicial Court · 1869
  3. Marco v. LowSupreme Judicial Court of Maine · 1867

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