Legal Opinion

Kenyon v. Wrisley

Massachusetts Supreme Judicial Court

Decided October 19, 1888PublishedCited by 8 opinions

Contract upon a promissory note, dated November 16,1867, payable two months from date to the order of the plaintiff, and signed by the defendant. Writ dated December 5, 1887. Trial in the Superior Court, without a jury, before Dewey, J., who found for the defendant, and reported the case for the determination of this court. If the finding was correct, judgment was to be entered thereon; otherwise, for the plaintiff. The facts appear in the opinion.

1Opinion of the CourtW. Allen, J.

The note was made in Connecticut, where the parties resided, and became due in 1868. The defendant *477resided in New Hampshire from 1869 to 1887, and has since resided in this Commonwealth. The plaintiff was adjudicated a bankrupt in the United States District Court for the district of Connecticut, and an assignment of his.estate was made in 1878. The plaintiff has not received his discharge, and the proceedings in bankruptcy are still pending. The assignee has never sold or assigned the note. The plaintiff considered the note worthless, and did not include it in his schedule, and the assignee…

2Cases cited8 opinions

  1. Gifford v. HelmsSupreme Court of the United States · 1878
  2. Jenkins v. International BankSupreme Court of the United States · 1883
  3. Cleveland v. . BoerumNew York Court of Appeals · 1862
  4. Mayhew v. PentecostMassachusetts Supreme Judicial Court · 1880
  5. Moses v. St. PaulSupreme Court of Alabama · 1880

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3Cited by8 opinions

  1. Sessions v. RomadkaSupreme Court of the United States · 1892
  2. Wood v. BakerNew York Supreme Court · 1891
  3. Colby v. ShuteMassachusetts Supreme Judicial Court · 1914
  4. Atwood v. BaileyMassachusetts Supreme Judicial Court · 1903
  5. Morgan v. OwnbeySuperior Court of Delaware · 1923

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