In re Murdock
District Court, D. Massachusetts
[George A. Murdock,] was set down in the schedule as his largest creditor. After the petition was filed and before the first meeting of creditors, she sold the negotiable note which was the evidence of her debt, to George W. Ware, Jr., who did not prove the debt, but appeared to oppose the discharge of the bankrupt, which he did both on his own account and as attorney for Mrs. Ven-triss. contended that neither Mrs. Ventriss nor Mr. Ware could prove the debt, because neither…
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[George A. Murdock,] was set down in the schedule as his largest creditor. After the petition was filed and before the first meeting of creditors, she sold the negotiable note which was the evidence of her debt, to George W. Ware, Jr., who did not prove the debt, but appeared to oppose the discharge of the bankrupt, which he did both on his own account and as attorney for Mrs. Ven-triss. contended that neither Mrs. Ventriss nor Mr. Ware could prove the debt, because neither could take the oath prescribed by the supreme court in form No. 22; and that even if the debt were provable it must be…
1Opinion of the Court
LOWELL, District Judge.
I have repeatedly decided that a creditor whose debt is provable may oppose the discharge. It is to be regretted that the district courts should not agree upon the construction of the statute in all its parts; though considering the *1011multitude of questions which arise in the administration of this new branch of jurisprudence, such disagreement can be no matter for surprise. We may rather congratulate ourselves that upon many’ of the most important points there has been great unanimity of opinion. I shall not state the reasons for my opinion at large, because there is a…
2Cited by5 opinions
- In re FitchardDistrict Court, N.D. New York · 1900
- Burpee v. SparhawkMassachusetts Supreme Judicial Court · 1871
- Thornton v. HoganSupreme Court of Missouri · 1876
- McAvity v. Lincoln Pulp & Paper Co.Supreme Judicial Court of Maine · 1890
- In re BoyntonDistrict Court, D. Rhode Island · 1882