Murray v. Roberts

• Decision Date: 01 January 1890
• Citation: 23 N.E. 208,150 Mass. 353
• Parties: MURRAY et al. v. ROBERTS.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

150 Mass. 353

23 N.E. 208

MURRAY et al. v. ROBERTS.

Supreme Judicial Court of Massachusetts, Worcester.

January 1, 1890

Action by P.S. Murray et al. to recover for merchandise sold defendant, Peter Roberts. The cause was submitted upon the following agreed statement of facts:

"Previous to the 10th day of June, 1886, Peter Roberts, the defendant, resided in Douglas, in this county, where he had for some years done business. On the 19th and 20th days of March, 1886, he purchased of the plaintiffs, who were then and still are residents of Rhode Island, doing business at Providence, the merchandise mentioned in the declaration amounting in the whole to the sum of two hundred and fifteen dollars. On the 9th day of June, 1886, he was insolvent, and involuntary proceedings were taken against him in the court of insolvency for this county. Upon the petition the usual and proper notices were ordered and given; a hearing was had in said court on the 15th day of June; and thereupon it was ordered that a warrant be issued against said Roberts as an insolvent debtor. The warrant was duly issued on said 15th day of June, returnable July 6, 1886. On the 18th day of June the debtor filed his schedules of creditors and of property. In the said schedule of creditors appears the names of the plaintiffs their residence, the nature of the debt, and its amount to-wit, $215. The said schedule was properly subscribed and sworn to. On the said 18th day of June the messenger sent the proper, usual, and prescribed notice of the first meeting of creditors to the plaintiffs and the other creditors. At the first meeting of creditors, on July 6, 1886, due proceedings were had, and an assignee appointed, who filed his bond and entered upon the performance of his trust. On the 7th day of September, 1886, the second meeting of creditors was held, and the insolvent took the oath prescribed by law. On the 5th day of October the debtor filed his proposal for composition, in conformity to the provisions of the Act 1884, c. 236, and the acts in amendment, addition, and relation thereto. On the 5th day of October the following notice was sent to the plaintiffs and the other creditors: 'Commonwealth of Massachusetts.--Worcester, ss.: Court of insolvency. To the creditors of Peter Roberts, of Douglas, in the county of Worcester, an insolvent debtor: You are hereby notified that the said debtor has this day filed in said court his proposal of composition with his creditors by the payment in, in full, of all debts entitled by law to priority, and twenty cents on each dollar of the respective claims of his general creditors. Upon said proposal it is ordered by the court that a hearing be held at the court of insolvency at Worcester, Tuesday, October 19th, A.D.1886, at 2:30 o'clock in the afternoon, at which creditors may be present and prove their claims. [ [Signed] GEORGE H. HARLOW, Assistant Register. Worcester, Oct. 5th, A.D.1886.' On the 19th of October, 1886, a meeting was held pursuant to said order and notice, at which creditors were present and proved their claims. This meeting was adjourned to Wednesday, November 3, 1886, and to the plaintiffs, among other creditors, was sent the following notice, on October 20, 1886: 'Commonwealth of Massachusetts--Worcester, ss.: Court of insolvency. To the creditors of Peter Roberts, of Douglas, in said county, insolvent debtor: You are hereby notified that an adjourned hearing on the said debtor's proposal for composition with his creditors will be held on Wednesday, November 3d, 1886, at the court of insolvency, at Worcester, at 2:30 o'clock in the afternoon, when creditors may be present and prove their claims. [ Signed] GEORGE H. HARLOW, Assistant Register. Worcester, Oct. 20, 1886.' At the adjourned meeting, held pursuant to said order and notice, on November 3, 1886, creditors were present and proved their claims, and the debtor filed the necessary assent of creditors to his said proposal for composition. At this meeting the court passed the following order and decree: 'Commonwealth of Massachusetts--Worcester, ss.: Court of insolvency holden at Worcester, November 3d, 1886. In the case of Peter Roberts, of Douglas, in said county, insolvent debtor. Whereas, on the fifth day of October, A.D.1886, said Peter Roberts, of said Douglas, filed in said court his proposal for composition with his creditors, in which he proposes to pay in full all debts and charges entitled by law to priority, and his general creditors twenty cents on each dollar of their respective claims, the money for said payments to be deposited in the court within ten days after the proposal shall have been accepted by his creditors and confirmed by this court; and whereas, due notice of said proposal having been given to all known creditors of said Peter Roberts, agreeable to the order of the court thereon, and on said proposal a hearing was had on the nineteenth day of October A.D.1886, and an adjourned hearing on the third day of November, A.D.1886: Now, therefore, at said adjourned meeting on the third day of November, A.D.1886, it appearing that three-fourths in number and value of said creditors have duly assented in writing to said proposal, and that said composition is consistent with justice and the interests of the said creditors, it is ordered and decreed that the same be, and it is hereby, confirmed; and it is also ordered that said insolvent debtor deposit in said court all moneys, for the payment of all claims and charges against his estate, within ten days from the date of this order. [ Signed] ADIN THAYER, Judge of Court of Insolvency.' The insolvent duly deposited the money necessary to perform his

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