McCollum v. Hinckley
Supreme Court of Vermont
The bill, in this case, alleges in substance, that Jesse Williams, in his life time, was indebted to the orator in a considerable sum, for which he executed his promissory note, and procured his son, Lyman Williams, to sign with him, as surety. Jesse Williams deceased, his estate was represented insolvent, commissioners were appointed, and the orator,residing in the Province of Lower Canada, had no notice, in fact, of the proceedings, and did not present his claim.
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The bill, in this case, alleges in substance, that Jesse Williams, in his life time, was indebted to the orator in a considerable sum, for which he executed his promissory note, and procured his son, Lyman Williams, to sign with him, as surety. Jesse Williams deceased, his estate was represented insolvent, commissioners were appointed, and the orator,residing in the Province of Lower Canada, had no notice, in fact, of the proceedings, and did not present his claim. The commission was closed. The estate proved sufficent to pay the debts, including the orator’s, and assets remain in the hands…
1Opinion of the Court
The opinion of the court was delivered by
Redfieed, Chancellor.
The orator’s claim at law, directly against the estate of Jesse Williams, is most undeniably barred. No principle is better established, than that claims in esse, not presented to commissioners of insolvency, are barred from being ever after asserted against the insolvent or his estate, within that jurisdiction, whether the creditor resided within the jurisdiction or not. Debts, depending upon a contingency, not happening before the close of the commission, are, of necessity, excepted from the operation of this statutory bar.…
2Cases cited1 opinion
- Hunt v. FaySupreme Court of Vermont · 1835
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- Brown v. First Nat. Bank of NewtonCourt of Appeals for the Seventh Circuit · 1902
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