Fuller v. Pease
Massachusetts Supreme Judicial Court
Contract upon a promissory note for $2000, dated July 6, 1872, payable to the plaintiff in one year from date, signed, in the presence of a witness, by Susan M. Van Doren, containing indorsements of interest paid, and having the defendant’s name on the back, and also under a guaranty of the payment of the note dated July 8, 1873. The declaration contained three counts: the first against the defendant as an indorser; the second, as a guarantor ; .and the third, as a maker.
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Contract upon a promissory note for $2000, dated July 6, 1872, payable to the plaintiff in one year from date, signed, in the presence of a witness, by Susan M. Van Doren, containing indorsements of interest paid, and having the defendant’s name on the back, and also under a guaranty of the payment of the note dated July 8, 1873. The declaration contained three counts: the first against the defendant as an indorser; the second, as a guarantor ; .and the third, as a maker. Writ dated June 4, 1885. The answer set up a discharge in bankruptcy, granted on April 15, 1879, under the U. S. St. of…
1Opinion of the CourtC. Allen, J.
It has beeri held in several cases that the only mode of .contesting the validity of a discharge granted under the United States bankruptcy act (U. S. St. of March 2, 1867,) is in the mode provided in § 34, by application made within two years in the United States District Court. Way v. Howe, 108 Mass. 502. Black v. Blazo, 117 Mass. 17. Kempton v. Saunders, 130 Mass. 236. The plaintiff seeks to distinguish the present case from the above, on the ground that the present plaintiff did not know of the granting of the discharge, or of the institution of the proceedings in bankruptcy, till after…
2Cases cited4 opinions
- Stevens v. Mechanics' Savings BankMassachusetts Supreme Judicial Court · 1869
- Way v. HoweMassachusetts Supreme Judicial Court · 1871
- Black v. BlazoMassachusetts Supreme Judicial Court · 1875
- Kempton v. SaundersMassachusetts Supreme Judicial Court · 1881
3Cited by5 opinions
- Duggan v. OlsonNebraska Supreme Court · 1945
- Troy v. RudnickMassachusetts Supreme Judicial Court · 1908
- Young v. StevensonSupreme Court of Arkansas · 1905
- Heim v. ChapmanMassachusetts Supreme Judicial Court · 1898
- Joyner v. Bank of MenloSupreme Court of Georgia · 1923