Cooke v. Plaisted
Massachusetts Supreme Judicial Court
Contract on an account annexed as stated by the court, the case at a previous stage being reported in 176 Mass. 374. Writ > dated January 13, 1893. The last trial in the Superior Court was before Hardy, J.,. who ordered a formal verdict sustaining the plaintiff’s plea alleging his discharge in bankruptcy in bar of the defendant’s declaration in set-off; and the defendant alleged exceptions.
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Contract on an account annexed as stated by the court, the case at a previous stage being reported in 176 Mass. 374. Writ > dated January 13, 1893. The last trial in the Superior Court was before Hardy, J.,. who ordered a formal verdict sustaining the plaintiff’s plea alleging his discharge in bankruptcy in bar of the defendant’s declaration in set-off; and the defendant alleged exceptions. The United States bankruptcy act of 1898, § 17, cl. 4, provides that “ A discharge in bankruptcy shall release a bankrupt from all of his provable debts, except such as . . . (4) were created by his fraud,…
1Opinion of the CourtBarker, J.
This suit was brought to recover upon an account annexed an alleged balance of $2,681.21 upon a bill for professional services as an attorney at law alleged to amount to $6,023.53 on which was credited in the account, in a number of items, sums received by the plaintiff amounting to $3,342.32. The defendant besides filing an answer contesting the plaintiff’s *84demand filed a declaration in set-off alleging that the plaintiff owed him the sum of $3,342.32 of which the schedule of credits in the plaintiff’s account annexed was alleged to be an itemized statement, with the further sum of $1,000…
2Cases cited2 opinions
- Cooke v. BarrettMassachusetts Supreme Judicial Court · 1892
- Cooke v. PlaistedMassachusetts Supreme Judicial Court · 1900
3Cited by8 opinions
- French v. BatesMassachusetts Supreme Judicial Court · 1889
- Hallagan v. DowellSupreme Court of Iowa · 1917
- Ross v. DeVier (In Re DeVier)United States Bankruptcy Court, E.D. Michigan · 1986
- Guindon v. BruskySupreme Court of Minnesota · 1919
- Wood v. TuohyMassachusetts Appeals Court · 2006
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