Very v. Clarke
Massachusetts Supreme Judicial Court
Appeal from a decision of the Court of Insolvency disallowing a claim of $869.69 for services as treasurer of the Warwick Cycle Manufacturing Company, presented by Alpha O. Very for the benefit of his assignee in insolvency. Hearing in the Superior Court on an agreed statement of facts, before Maynard, J., who allowed the claim and disallowed a certain larger claim which the assignees offered in set-off; and they appealed.
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Appeal from a decision of the Court of Insolvency disallowing a claim of $869.69 for services as treasurer of the Warwick Cycle Manufacturing Company, presented by Alpha O. Very for the benefit of his assignee in insolvency. Hearing in the Superior Court on an agreed statement of facts, before Maynard, J., who allowed the claim and disallowed a certain larger claim which the assignees offered in set-off; and they appealed. If the appellees were entitled to set off against the appellant’s claim the amount due from Very and Osborn to the corpora- - tian, the appellant’s claim was to be…
1Opinion of the CourtHolmes, C. J.
This is a petition by a creditor, Very, to prove a claim against the Warwick Cycle Manufacturing Company in insolvency. Very, as well as the cycle company, is in insolvency, and his claim is pressed by his assignee. The company seeks to set off a larger debt due to it from a New York partnership, of which Very was a member. The partnership also is insolvent, and the other member has disappeared, but its *53affairs have not been brought into the Massachusetts Insolvency-Court. The judge of the Superior Court, before whom the case came by appeal of the creditor, Very, allowed the claim and…
2Cases cited4 opinions
- Tucker v. OxleySupreme Court of the United States · 1809
- Clarke v. StanwoodMassachusetts Supreme Judicial Court · 1896
- Snyder v. SpurrSupreme Court of Connecticut · 1866
- Wright v. RogersU.S. Circuit Court for the District of Ohio · 1843
3Cited by2 opinions
- Lowell Bar Ass'n v. LoebMassachusetts Supreme Judicial Court · 1943
- Gill v. Richmond Co-operative Ass'nMassachusetts Supreme Judicial Court · 1941