Stockwell v. Silloway
Massachusetts Supreme Judicial Court
Book debtors’ oath. Charges of fraud were filed by the creditor under the Gen. Sts. c. 124, §§ 31-34, upon which the debtor was found not guilty by the magistrate, and the creditor appealed to the superior court, where the debtor, after the decision reported 100 Mass. 287, had leave to file a supplemental plea in bar, setting up his discharge in bankruptcy. To this plea the creditor demurred, and Brigham, C. J., sustained the demurrer.
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Book debtors’ oath. Charges of fraud were filed by the creditor under the Gen. Sts. c. 124, §§ 31-34, upon which the debtor was found not guilty by the magistrate, and the creditor appealed to the superior court, where the debtor, after the decision reported 100 Mass. 287, had leave to file a supplemental plea in bar, setting up his discharge in bankruptcy. To this plea the creditor demurred, and Brigham, C. J., sustained the demurrer. At the trial by the jury, before the same judge, the debtor offered to prove his discharge in bankruptcy, and that the credit- or’s claim was barred by it; but…
1Opinion of the CourtGray, J.
Assuming (though not deciding, because it is unnecessary to do so) that the certificate of discharge in bankruptcy exonerated the debtor from his debt to this creditor and from arrest on all process which had no other object than to enforce or secure payment of that debt, it could not defeat or avoid the proceedings to punish him criminally for fraud upon being convicted thereof on the charges filed by the creditor in answer to his own application to be admitted to take the.poor debtor’s oath. Before the debtor filed his petition in bankruptcy, and indeed before the bankrupt act was passed,…
2Cases cited3 opinions
- Stockwell v. SillowayMassachusetts Supreme Judicial Court · 1868
- Samuels v. BorrowscaleMassachusetts Supreme Judicial Court · 1870
- Minon v. Van NostrandDistrict Court, D. Massachusetts · 1870
3Cited by6 opinions
- Deutsche Bank National Trust Co. v. GabrielMassachusetts Appeals Court · 2012
- Everett v. HendersonMassachusetts Supreme Judicial Court · 1890
- Standard Elevator Co. v. Crane Elevator Co.Court of Appeals for the Seventh Circuit · 1896
- Morse v. DaytonMassachusetts Supreme Judicial Court · 1878
- Mowry's CaseMassachusetts Supreme Judicial Court · 1873
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