Gifford v. Barker

Massachusetts Supreme Judicial Court

Gifford v. Barker

75 Mass. 364

CourtMassachusetts Supreme Judicial Court

DecidedOctober 15, 1857

StatusPublished

This text of 75 Mass. 364 (Gifford v. Barker) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gifford v. Barker, 75 Mass. 364 (Mass. 1857).

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Opinion

Bigelow, J.

The insolvent’s rights were fixed by the state of the record at the expiration of the six months. If he then had the assent of the requisite proportion of the creditors whose claims appeared to be proved upon the record, he was entitled to his discharge; he has no means, except the record, of knowing what claims are legally proved; nor could his rights be affected by a subsequent amendment of the record. Any other rule would work great injustice to him; for he may, by relying on the record, have been prevented from obtaining the assent of other creditors within the six months.

Decree reversed.

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Bigelow, J.

The insolvent’s rights were fixed by the state of the record at the expiration of the six months. If he then had the assent of the requisite proportion of the creditors whose claims appeared to be proved upon the record, he was entitled to his discharge; he has no means, except the record, of knowing what claims are legally proved; nor could his rights be affected by a subsequent amendment of the record. Any other rule would work great injustice to him; for he may, by relying on the record, have been prevented from obtaining the assent of other creditors within the six months.

Decree reversed.

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Bluebook (online)

75 Mass. 364, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gifford-v-barker-mass-1857.