Williams v. Coggeshall
Massachusetts Supreme Judicial Court
This was an action of assumpsit, commenced in the court of common pleas on the 11th of March, 1850, on a promissory note for two thousand dollars, dated July 1st, 1848, and payable to the plaintiff on demand with interest.
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This was an action of assumpsit, commenced in the court of common pleas on the 11th of March, 1850, on a promissory note for two thousand dollars, dated July 1st, 1848, and payable to the plaintiff on demand with interest. At the April terra of that court, 1851, the defendant pleaded a certificate of discharge under the insolvent laws, granted to him on the 23d of November, 1850, under proceedings commenced about the end of April, 1850. The plaintiff, by way of replication to the defendant’s plea, and in avoidance of the discharge, filed specifications, charging that the defendant did not…
1Opinion of the CourtDewey, J.
The question raised in this case, as to the right of a creditor, who proves his claim under proceedings in insolvency, afterwards to contest the validity of the debtor’s discharge, by showing that such discharge is void, by reason *379of preferences made by the debtor, or concealments of his property, or other acts in violation of the statute, was fully decided by this court in the case of Morse v. Reed, 13 Met. 62. That case was one where the action had been commenced prior to the institution of any proceedings in insolvency, after which the creditor proved his debt, and received his pro rata…
2Cited by1 opinion
- Colley v. MorganSupreme Court of Georgia · 1848