Legal Opinion

Mayhew v. Pentecost

Massachusetts Supreme Judicial Court

Decided September 10, 1880PublishedCited by 11 opinions

Contract, stated in the writ, dated June 8, 1877, to be brought for the benefit of Lewis Coleman. At the trial in the Superior Court, before Pitman, J., the plaintiff introduced evidence tending to prove the following facts: On March 10, 1873, Mayhew paid the sum of $176.34, and on November 19, 1873, the sum of $231.25, for the benefit of the defendant, and at his request.

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Contract, stated in the writ, dated June 8, 1877, to be brought for the benefit of Lewis Coleman. At the trial in the Superior Court, before Pitman, J., the plaintiff introduced evidence tending to prove the following facts: On March 10, 1873, Mayhew paid the sum of $176.34, and on November 19, 1873, the sum of $231.25, for the benefit of the defendant, and at his request. On July 3, 1876, the defendant gave to Mayhew the following order: “ Treasurer Second Baptise Society: Please pay W. B. Mayhew, Esq., the following sums : $176.34, with interest from March 10, 1873, and $231.25, with…

1Opinion of the CourtGray, C. J.

By the recent bankrupt act of the United States, an assignment in bankruptcy vests in the assignee all the property owned by the bankrupt at the time of the commencement of the proceedings in bankruptcy, (with certain exceptions specified,) and all choses in action, debts, and rights of action of the bankrupt, “ together with the like right, title, power and authority to sell, manage, dispose of, sue for and recover or defend the same, as the bankrupt might have had if no assignment had been made; ” and “ the assignee shall have the like remedy to recover all the estate, debts and effects in…

2Cases cited7 opinions

  1. Knox v. Exchange BankSupreme Court of the United States · 1871
  2. Stevens v. Mechanics' Savings BankMassachusetts Supreme Judicial Court · 1869
  3. Boston & Albany Railroad v. ShanlyMassachusetts Supreme Judicial Court · 1871
  4. Herndon v. HowardSupreme Court of the United States · 1870
  5. Otis v. HadleyMassachusetts Supreme Judicial Court · 1873

2 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Williams v. FowleMassachusetts Supreme Judicial Court · 1882
  2. Reed v. PaulMassachusetts Supreme Judicial Court · 1881
  3. Barry v. DuffinMassachusetts Supreme Judicial Court · 1935
  4. Greenall v. HersumMassachusetts Supreme Judicial Court · 1915
  5. Herring v. DowningMassachusetts Supreme Judicial Court · 1888

6 more not listed; retrieve them via the Exa API.

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