Section 28. The commissioner shall publish weekly for three consecutive months, in such newspapers as he directs, a notice calling on all persons who may have claims against such bank to present the same to the commissioner and to make legal proof thereof at a place and in a time, not earlier than the last day of publication, to be therein specified. The commissioner shall mail a similar notice to all persons whose names appear as creditors upon the books of the bank, so far as their addresses are known. If the commissioner doubts the justice and validity of any claim, he may reject the same and serve notice of such rejection upon the claimant either personally or by mail. An affidavit of service of such notice, which shall be prima facie evidence thereof, shall be filed with the commissioner. An action upon the claim so rejected shall not be entertained unless brought within six months after such service. Claims presented after the expiration of the time specified in the notice to creditors shall be entitled to share in the distribution only to the extent of the assets in the hands of the commissioner equitably applicable thereto.
Notes of Decisions
Towle v. Comm'r of Banks, 246 Mass. 161 (Mass. 1923).
· cites it 3× “167, §§ 22-31, and because the plaintiff’s claim was not seasonably presented, G. L. c. 167, § 28, was denied. . In June, 1922, the action at law was tried by a judge of the Superior Court without a jury, and evidence was admitted placing the loss of the plaintiff at a large…”
Cosmopolitan Trust Co. v. Suffolk Knitting Mills, 143 N.E. 138 (Mass. 1924).
“The knitting mills duly proved its claim for this same debt to the commissioner of banks under G. L. c. 167, § 28. That claim was allowed in full by the commissioner who issued to the knitting mills certificate of proof, stamping thereon, “ subject to rights of set-off to be…”
United States v. Comm'r of Banks, 149 N.E. 883 (Mass. 1925).
“Giving force to these principles, it is plain that the United States would not have been barred from proof of its claim had the limitation been expressed in the liquidation statute G. L. c. 167, § 28; see cases cited supra.”
Suffolk Knitting Mills v. Cosmopolitan Trust Co., 252 Mass. 394 (Mass. 1925).
· cites it 2× “It is provided in G. L. c. 167, § 28, that the *396 commissioner in possession of a trust company for purposes of liquidation must give notices calling on all persons having claims to make proof of them before a specified time.”
John McClure Est., Inc. v. Fid. Trust Co., 137 N.E. 701 (Mass. 1923).
“Both McClure Estate and Chaddock-Carney made proof of claim in accordance with G. L. c. 167, § 28, for $8,153.73; this being the total of the two drafts.”
Comm'r of Banks, 252 Mass. 348 (Mass. 1925).
· cites it 2× “The salient facts set forth in each petition in substance and effect are that in each case the commissioner by publications and mailing of notices, as required by G. L. c. 167, § 28, called upon all persons having claims against the trust company to make legal proof of their…”
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