Legal Opinion

Pierce v. Gilkey

Massachusetts Supreme Judicial Court

Decided March 13, 1878PublishedCited by 6 opinions

Contract upon three promissory notes for $1000 each, dated respectively October 11, 1869, June 1, 1870, and January 27, 1871, payable to the order of the plaintiff and signed by the defendants as copartners under the name of Royal Gilkey & Co. The defendant Gilkey (the other defendant having been defaulted) filed an answer setting up a composition in bankruptcy with his creditors, including the plaintiff, under the U. S. St. oí June 22, 1874, § 17, and a tender of the amount…

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Contract upon three promissory notes for $1000 each, dated respectively October 11, 1869, June 1, 1870, and January 27, 1871, payable to the order of the plaintiff and signed by the defendants as copartners under the name of Royal Gilkey & Co. The defendant Gilkey (the other defendant having been defaulted) filed an answer setting up a composition in bankruptcy with his creditors, including the plaintiff, under the U. S. St. oí June 22, 1874, § 17, and a tender of the amount of this composition to the plaintiff. At the trial in this court, without a jury, before Ames, J., it was admitted that…

1Opinion of the Court

Gbay, O. J.

It is unnecessary to consider whether the composition between Gilkey and his creditors covered his partnership as well as his individual debts, because, even if it did, yet, the amount of the composition not having been paid or tendered to the plaintiff, and he not having waived such payment or tender, nor taken any part in the proceedings for a composition, he was not barred of his action. Edwards v. Coombe, L. R. 7 C. P. 519. In re Hatton, L. R. 7 Ch. 723. Ex parte Peacock, L. R. 8 Ch. 682. Goldney v. Lording, L. R. 8 Q. B. 182. Newell v. Van Praagh, L. R. 9 C. P. 96. National…

2Cases cited1 opinion

  1. National Mount Wollaston Bank v. PorterMassachusetts Supreme Judicial Court · 1877

3Cited by6 opinions

  1. Home National Bank v. CarpenterMassachusetts Supreme Judicial Court · 1880
  2. Farwell v. RaddinMassachusetts Supreme Judicial Court · 1880
  3. In re BaylyU.S. Circuit Court for the District of Louisiana · 1879
  4. Pupke v. ChurchillMissouri Court of Appeals · 1884
  5. Whittemore v. StephensMichigan Supreme Court · 1882

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