Huston v. Worthly

Supreme Judicial Court of Maine

Huston v. Worthly

22 A. 243, 83 Me. 352, 1891 Me. LEXIS 50

DecidedApril 8, 1891

StatusPublished

This text of 22 A. 243 (Huston v. Worthly) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Huston v. Worthly, 22 A. 243, 83 Me. 352, 1891 Me. LEXIS 50 (Me. 1891).

Pincite

Opinion

Peters, C. J.

Me think that one creditor has not a right of appeal from the allowance of the claim of another creditor against the estate of a debtor who makes a settlement by composition proceedings in insolvency. If such an appeal were allowable, the settlement of an estate that is intended to be expeditious and not hampered by many of the forms usual in other classes of cases, might become, by the wilfulness of parties, a protracted and expensive litigation. The creditor is deprived of no right in disallowing his claim to prosecute an appeal. It is not possible to see how an appeal could be useful to him. His own claim would be neither increased nor decreased thereby. The conception is impracticable.

This conclusion is within the rule of several cases touching similar questions. Ex parte, Haynes, 76 Maine, 394; Ex parte, Morgan, 78 Maine, 36; Messer v. Storer, 79 Maine, 512.

The creditor has remedy enough by an action on his own debt, if any fraud be committed by the insolvent, by virtue of section sixty-two of chapter seventy of the Revised Statutes.

Exceptions overruled.

Virgin, Libbet, Emery, Haskell and Whitehouse, JJ., concurred.

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Peters, C. J.

Me think that one creditor has not a right of appeal from the allowance of the claim of another creditor against the estate of a debtor who makes a settlement by composition proceedings in insolvency. If such an appeal were allowable, the settlement of an estate that is intended to be expeditious and not hampered by many of the forms usual in other classes of cases, might become, by the wilfulness of parties, a protracted and expensive litigation. The creditor is deprived of no right in disallowing his claim to prosecute an appeal. It is not possible to see how an appeal could be useful to him. His own claim would be neither increased nor decreased thereby. The conception is impracticable.

This conclusion is within the rule of several cases touching similar questions. Ex parte, Haynes, 76 Maine, 394; Ex parte, Morgan, 78 Maine, 36; Messer v. Storer, 79 Maine, 512.

The creditor has remedy enough by an action on his own debt, if any fraud be committed by the insolvent, by virtue of section sixty-two of chapter seventy of the Revised Statutes.

Exceptions overruled.

Virgin, Libbet, Emery, Haskell and Whitehouse, JJ., concurred.

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Bluebook (online)

22 A. 243, 83 Me. 352, 1891 Me. LEXIS 50, Counsel Stack Legal Research, https://law.counselstack.com/opinion/huston-v-worthly-me-1891.