Blanchard v. Russell
Massachusetts Supreme Judicial Court
Assumpsit for money had and received. The can?” was submitted to the determination of the Court upon the following facts agreed by the parties.
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Assumpsit for money had and received. The can?” was submitted to the determination of the Court upon the following facts agreed by the parties. On the 22d of April, 1811, Russell, at that time and ever since a merchant in the city of JV*eto York, was indebted to Blanchard in the sum of $ 1470.94, according to an account adjusted between them on that day, for the proceeds of goods consigned by said Blanchard to, and sold by, the said Russell at New York; Blanchard being at that time and ever since a merchant in Boston. After the day aforesaid, Russell became insolvent, and, in pursuance of…
1Opinion of the CourtParker, C. J.
The proceedings under the insolvent act of the State of Mew York are admitted to have been regular; so that the question referred to us is, whether the plaintiff is barred of his suit on this demand, under the circumstances disclosed in the statement of facts ; the point being to be considered in the same light, as if the certificate of discharge had been regularly set forth in a plea in bar to the action, and an issue in law joined on the sufficiency of such plea.
* The law, under which the defendant claims to be discharged, is a general law, intended to affect all the citizens of the State…
2Cases cited5 opinions
- Ogden v. SaundersSupreme Court of the United States · 1827
- Baker v. WheatonMassachusetts Supreme Judicial Court · 1809
- Call v. HaggerMassachusetts Supreme Judicial Court · 1812
- Watson v. BourneMassachusetts Supreme Judicial Court · 1813
- Tappan v. PoorMassachusetts Supreme Judicial Court · 1819
3Cited by83 opinions
- Ogden v. SaundersSupreme Court of the United States · 1827
- Curtis and Others v. . LeavittNew York Court of Appeals · 1857
- Higgins v. Central New England & Western RailroadMassachusetts Supreme Judicial Court · 1892
- Andrews v. HerriotNew York Supreme Court · 1825
- Le Roy v. CrowninshieldU.S. Circuit Court for the District of Massachusetts · 1820
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