New Bedford Institution for Savings v. Hathaway
Massachusetts Supreme Judicial Court
Bill in equity, filed June 17, 1881, by the New Bedford Institution for Savings and Stephen Davol, against the assignee in insolvency of the estate of William C. Davol, to reverse an order of the Court of Insolvency expunging the proof made by the first-named plaintiff as holder of a promissory note, signed by the insolvent as surety.
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Bill in equity, filed June 17, 1881, by the New Bedford Institution for Savings and Stephen Davol, against the assignee in insolvency of the estate of William C. Davol, to reverse an order of the Court of Insolvency expunging the proof made by the first-named plaintiff as holder of a promissory note, signed by the insolvent as surety. The case was heard by Meld, J., on the bill and answer and the report of a commissioner; and the following facts were found by him: On March 8, 1879, William C. Davol was adjudged insolvent, and the defendant was duly elected and appointed assignee of his…
1Opinion of the CourtDeyens, J.
Whatever agreement was made between Stephen Davol and the bank, by which Davol sought to enforce against William C. Davol, his co-surety, a claim for the entire debt for which they were jointly responsible as sureties, of William C. Davol, Jr., the effect of the transaction was at law a payment of the debt. Stephen Davol gave his own note for a portion of *71the original note, paid the remainder in cash, and took an assignment of the original note and an order on the assignee of the estate of William C. Davol for the dividends which might be declared on the proof of the original note, which had…
2Cases cited6 opinions
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- Hammatt v. WymanMassachusetts Supreme Judicial Court · 1812
- Lidderdale v. RobinsonU.S. Circuit Court for the District of Eastern Virginia · 1824
- Wall v. MasonMassachusetts Supreme Judicial Court · 1869
- Brackett v. WinslowMassachusetts Supreme Judicial Court · 1821
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3Cited by16 opinions
- Labbe v. BernardMassachusetts Supreme Judicial Court · 1907
- Perry v. OliverMassachusetts Supreme Judicial Court · 1945
- Hale v. LeatherbeeMassachusetts Supreme Judicial Court · 1900
- German American Savings Bank v. FritzWisconsin Supreme Court · 1887
- New England Trust Co. v. New York Belting & Packing Co.Massachusetts Supreme Judicial Court · 1896
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