Legal Opinion

Page v. Cole

Massachusetts Supreme Judicial Court

Decided July 3, 1877PublishedCited by 7 opinions

Contract for breach of an agreement. Writ dated December 22, 1873. On the same day personal property of the defendant. was attached, and, on the next day, the defendant gave a bond with sureties to dissolve the attachment.

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Contract for breach of an agreement. Writ dated December 22, 1873. On the same day personal property of the defendant. was attached, and, on the next day, the defendant gave a bond with sureties to dissolve the attachment. After the former decision reported 120 Mass. 37, the case was tried in the Superior Court, without a jury, before Brigham, C. J., who on October 16, 1876, found for the plaintiff in the sum of $420.52. On the following day the defendant filed a motion to set aside the finding and for a new trial, based on the grounds that the finding was contrary to law, and that the…

1Opinion of the CourtMorton, J.

The bankrupt act provides that “no creditor whose debt is provable shall be allowed to prosecute to- final judgment any suit at law or in equity therefor against the bankrupt, until the question of the debtor’s discharge shall have been-determined; and any such "suit or proceeding shall, upon the application of the bankrupt, be stayed to await the determination of the court in bankruptcy on the question of the discharge* provided there is no unreasonable delay on the part of the bankrupt in endeavoring to obtain his discharge, and provided; also,, that if the amount due the creditor is in…

2Cases cited2 opinions

  1. Ray v. WightMassachusetts Supreme Judicial Court · 1876
  2. National Bank of Clinton v. TaylorMassachusetts Supreme Judicial Court · 1876

3Cited by7 opinions

  1. Dimock v. Revere Copper Co.Supreme Court of the United States · 1886
  2. Kearney v. SnodgrassOregon Supreme Court · 1885
  3. Allard v. EstesMassachusetts Supreme Judicial Court · 1935
  4. Golden v. BlaskopfMassachusetts Supreme Judicial Court · 1879
  5. Reining v. NevisonSupreme Court of Iowa · 1927

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