Troy v. Rudnick
Massachusetts Supreme Judicial Court
Contract upon two promissory notes by the payees against the makers. Writ in the Municipal Court of the City of Boston dated January 5,1900. The plaintiffs were alleged to be “ copartners under the firm name of Troy Brothers and Company.”
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Contract upon two promissory notes by the payees against the makers. Writ in the Municipal Court of the City of Boston dated January 5,1900. The plaintiffs were alleged to be “ copartners under the firm name of Troy Brothers and Company.” The notes were dated June 1 and June 10, 1898, each was payable in sixty days to “ Troy Bros, and Co.” The answer alleged, among other defenses, that the defendants had instituted bankruptcy proceedings on October 15,1898, under the national bankruptcy act of 1898, and had received a discharge in bankruptcy on January 18, 1899, from all their debts,…
1Opinion of the CourtBraley, J.
This is an action of contract to recover the amount due on two promissory notes made by the defendants, and, while the answer sets up other defenses, unless the discharge in bankruptcy is a bar, the plaintiffs are entitled to hold their verdict.
A certificate of discharge granted under the national bankruptcy act of 1867, c. 176, could not be collaterally attacked in an action brought upon a provable debt, even where the bankrupt had intentionally omitted the creditor from his schedules, as its validity could be impeached only by an application to the court having exclusive jurisdiction of the…
2Cases cited7 opinions
- Birkett v. Columbia BankSupreme Court of the United States · 1904
- Columbia Bank v. . BirkettNew York Court of Appeals · 1903
- Costello v. CrowellMassachusetts Supreme Judicial Court · 1882
- Briggs v. HerveyMassachusetts Supreme Judicial Court · 1881
- Doucette v. BaldwinMassachusetts Supreme Judicial Court · 1907
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Commonwealth v. CarusoMassachusetts Supreme Judicial Court · 1925
- Bartlett v. TaylorMissouri Court of Appeals · 1922
- In re FrenchDistrict Court, D. Massachusetts · 1909
- Maguire v. Pan-American Amusement Co.Massachusetts Supreme Judicial Court · 1912
- Caldwell v. EastmanMassachusetts Supreme Judicial Court · 1924