Legal Opinion

Doe v. Erwin

Massachusetts Supreme Judicial Court

Decided January 6, 1883PublishedCited by 4 opinions

Contract for money lent in 1872. Writ dated September 20, 1880. Answer: 1. A general denial. 2. The statute of limitations. Trial in the Superior Court, without a jury, before Wilkinson, J., who allowed a bill of exceptions, in substance as follows: The defendant, on September 13, 1872, commenced voluntary proceedings in bankruptcy in the United States District Court of Massachusetts.

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Contract for money lent in 1872. Writ dated September 20, 1880. Answer: 1. A general denial. 2. The statute of limitations. Trial in the Superior Court, without a jury, before Wilkinson, J., who allowed a bill of exceptions, in substance as follows: The defendant, on September 13, 1872, commenced voluntary proceedings in bankruptcy in the United States District Court of Massachusetts. The bankruptcy proceedings were pending in said court until January 21, 1881, when, the defendant having failed to proceed in the matter of his discharge as ordered by the court, the proceedings were ordered to…

1Opinion of the CourtMorton, C. J.

It is well settled that that the pendency of proceedings under the insolvent laws of this Commonwealth does not suspend the operation of the statute of limitations upon debts which are provable in insolvency, since such proceedings do not prevent the creditor from bringing an action upon his debt. Collester v. Hailey, 6 Gray, 517. Stoddard v. Doane, 7 Gray, 387. Richardson v. Thomas, 13 Gray, 381. So it has been held that the representation of the estate of a deceased person as insolvent, and the appointment of commissioners, do not suspend the operation of the statute limiting actions…

2Cases cited3 opinions

  1. Tarbell v. ParkerMassachusetts Supreme Judicial Court · 1871
  2. Holland v. MartinMassachusetts Supreme Judicial Court · 1877
  3. Blanchard v. AllenMassachusetts Supreme Judicial Court · 1875

3Cited by4 opinions

  1. Interurban Const. Co. v. Central State Bank of KieferSupreme Court of Oklahoma · 1919
  2. Nonotuck Silk Co. v. PritzkerAppellate Court of Illinois · 1908
  3. Hawes v. FetteSupreme Court of Arkansas · 1883
  4. State Bank v. BakerbowerAppellate Court of Illinois · 1929

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