Denny v. Merrifield
Massachusetts Supreme Judicial Court
Contract for money had and received. Answer, a composition in bankruptcy under the U. S. St. of June 22, 1874, § 17. Trial in the'Superior Court, without a jury, before Aldrich, J., who reported the case for the determination of this court in substance as follows: The debt sued on was a valid debt due from the defendant to the plaintiff.
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Contract for money had and received. Answer, a composition in bankruptcy under the U. S. St. of June 22, 1874, § 17. Trial in the'Superior Court, without a jury, before Aldrich, J., who reported the case for the determination of this court in substance as follows: The debt sued on was a valid debt due from the defendant to the plaintiff. The action was commenced on January 31, 1878, by an attachment of' the defendant’s property, which was sufficient, and the attaching officer had in his hands, when this action was entered, money enough to pay the plaintiff’s claim in full. On February 21,…
1Opinion of the CourtGray, C. J.
The U. S. St. of June 22, 1874, § 17, allows a creditor, holding collateral security for his debt, to share in the proceedings of composition, only to the excess of the debt above the security, or upon surrendering the security for the benefit of the estate; and makes the composition binding upon all debts, whether secured or unsecured, which are duly described in the statement of the debtor, and are of such a nature that they would be barred by a certificate of discharge in bankruptcy. Mudge v. Wilmot, 124 Mass. 493. Leggett v. Barton, 11 Vroom, 83. The composition, followed by payment or…
2Cases cited7 opinions
- John Denn, Lessee of Charles C. Scott, and Others v. Thomas Reid, Jun., and OthersSupreme Court of the United States · 1836
- Jacob v. United StatesU.S. Circuit Court for the District of Eastern Virginia · 1821
- Ray v. WightMassachusetts Supreme Judicial Court · 1876
- Mudge v. WilmotMassachusetts Supreme Judicial Court · 1878
- Sage v. HellerMassachusetts Supreme Judicial Court · 1878
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3Cited by1 opinion
- Casavant v. BorekaMassachusetts Supreme Judicial Court · 1937