Hall v. Winchell
Supreme Court of Vermont
Debt upon a judgment rendered in Massachusetts. Pleas, nul iiel record and a discharge under the insolvent laws of Massachusetts.
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Debt upon a judgment rendered in Massachusetts. Pleas, nul iiel record and a discharge under the insolvent laws of Massachusetts. The plaintiff replied in substance : 1st. That there was such record, and 2d, that the said discharge did not include this debt, as the cause of action on which the judgment was founded, arose in Vermont upon a contract 'made and entered into here, and to be performed here, and to both parties which were citizens and resided here, and that the plaintiff sued out his writ in this case before said insolvency proceedings were instituted in Massachusetts, and caused…
1Opinion of the Court
The opinion of the court was delivered by
Wilson, J.
This is an action of debt on judgment rendered by the court of common pleas of the commonwealth of Massachusetts, in the year 1858. The defendant’s second plea, among other things, alleges that after the rendition of the judgment mentioned in the plaintiff s declaration, proceedings for his discharge in insolvency in the state of Massachusetts, were instituted that he obtained a discharge based upon such proceedings, that the debt which the plaintiff seeks to recover in this action was contracted since the last day of July, 1838, and that the…
2Cases cited1 opinion
- David McGilvray & Co. v. AverySupreme Court of Vermont · 1857
3Cited by2 opinions
- Story v. DowneySupreme Court of Vermont · 1890
- Houghton v. GrimesSupreme Court of Vermont · 1933