Commercial National Bank's Appeal from Probate
Supreme Court of Connecticut
Appeal from a decree of the court of probate of the district of Hartford, adjudicating George M. Bartholomew to be an insolvent debtor, and ordering that a trustee be ap~ pointed to take possession of his property for the benefit of his creditors, and from another decree appointing the trustee ; taken to the Superior Court in Hartford County.
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Appeal from a decree of the court of probate of the district of Hartford, adjudicating George M. Bartholomew to be an insolvent debtor, and ordering that a trustee be ap~ pointed to take possession of his property for the benefit of his creditors, and from another decree appointing the trustee ; taken to the Superior Court in Hartford County. The Phoenix National Bank, on the 28d of September, 1886, brought its petition to the probate court, alleging that Bartholomew was indebted to the bank in the sum of ten thousand dollars, that a writ of attachment had. been issued against him upon the…
1Opinion of the CourtTorrance, J.
The record in this case presents several questions for consideration, the most important of which perhaps is, whether, in the absence of fraud or collusion of any kind, a creditor whose attachment may be dissolved by proceedings brought by another creditor to put the debtor into insolvency, can appeal from the decree of the probate court adjudging the debtor to be an insolvent, and contest on such appeal the allegations of the original petition.
In the case at bar a creditor of one Bartholomew brought such a petition against him to the probate court in the usual form. A time for a hearing on…
2Cases cited3 opinions
- Ives v. Town of East HavenSupreme Court of Connecticut · 1880
- Brewster v. SheltonSupreme Court of Connecticut · 1855
- Hawes's Appeal from ProbateSupreme Court of Connecticut · 1882
3Cited by2 opinions
- Fayerweather v. MonsonSupreme Court of Connecticut · 1892
- Gallup v. FoxSupreme Court of Connecticut · 1894