Bigelow v. Norris
Massachusetts Supreme Judicial Court
Contract upon an account annexed, for rent of a room from July 2 to September 3, 1875. Writ dated May 15, 1883. Answer : 1. The statute of limitations. 2. A discharge in bankruptcy of debts existing on July 18,1876. Trial in the Superior Court, without a jury, before Brigham, C. J., who allowed a bill of exceptions, in substance as follows : The defendant made the contract alleged.
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Contract upon an account annexed, for rent of a room from July 2 to September 3, 1875. Writ dated May 15, 1883. Answer : 1. The statute of limitations. 2. A discharge in bankruptcy of debts existing on July 18,1876. Trial in the Superior Court, without a jury, before Brigham, C. J., who allowed a bill of exceptions, in substance as follows : The defendant made the contract alleged. On January 80, 1878, under the bankruptcy laws of the United States, he obtained a discharge from all debts provable against his estate in bankruptcy which existed on July 18, 1876. On October 7, 1880, the…
1Opinion of the CourtHolmes, J.
The strength of the plaintiff’s case is in the words, “I will also pay something on account.” There is force in the suggestion that the words “ on account ” recognize the debt as subsisting, and therefore imply a promise to pay it. But it is to be remembered that the defendant has as much right to his defence as the plaintiff once had to her recovery. The law cannot be supposed to look with disfavor upon a bar of its own creation. Hence the defendant is not to be deprived of his right, unless he uses words that plainly mean to renounce it, or at least express a clear undertaking for the…
2Cases cited5 opinions
- Allen & Co. v. FergusonSupreme Court of the United States · 1874
- Smith's heirs v. DixonCourt of Appeals of Kentucky · 1861
- Louisville & Oldham Turnpike Road Co. v. BallardCourt of Appeals of Kentucky · 1859
- Elwell v. CumnerMassachusetts Supreme Judicial Court · 1883
- Cook v. ShearmanMassachusetts Supreme Judicial Court · 1869
3Cited by11 opinions
- Mechanics' & Farmers' Savings Bank v. KatterjohnCourt of Appeals of Kentucky · 1910
- Herrington v. . DavittNew York Court of Appeals · 1917
- Champion v. BuckinghamMassachusetts Supreme Judicial Court · 1896
- Glidden v. ChamberlinMassachusetts Supreme Judicial Court · 1897
- Widger v. BaxterMassachusetts Supreme Judicial Court · 1906
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