Citizens Loan Ass'n v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Contract by the Citizens Loan Association, a corporation, against the Boston and Maine Railroad on an instrument in writing dated February 27, 1905, assigning to the plaintiff all the wages thereafter to become due from the defendant to one Stephen J. Westcott for services to be performed by him as a conductor within two years from the date of the assignment, whereunder there was alleged to have become due to him the sum of $91.94. Writ in the Central District Court of…
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Contract by the Citizens Loan Association, a corporation, against the Boston and Maine Railroad on an instrument in writing dated February 27, 1905, assigning to the plaintiff all the wages thereafter to become due from the defendant to one Stephen J. Westcott for services to be performed by him as a conductor within two years from the date of the assignment, whereunder there was alleged to have become due to him the sum of $91.94. Writ in the Central District Court of Worcester-dated June 7, 1906. The defendant in its answer, in addition to a general denial and an allegation of payment,…
1Opinion of the CourtRugg, J.
The single question presented by this appeal is whether an assignment of wages to be earned in an existing employment, given before bankruptcy, without fraud, and upon sufficient consideration, to secure a valid subsisting debt, and duly recorded, can be enforced, after the discharge in bankruptcy of the assignor, as to wages earned in the course of the original employment, by the creditor, who has not proved his debt in bankruptcy. A debt is not extinguished by a discharge in bankruptcy. The remedy upon the debt, and the legal, but not the moral, obligation to pay, is at an end. The…
2Cases cited19 opinions
- Hanover National Bank v. MoysesSupreme Court of the United States · 1902
- Robertson v. BaldwinSupreme Court of the United States · 1897
- Trist v. ChildSupreme Court of the United States · 1875
- Berry v. DonovanMassachusetts Supreme Judicial Court · 1905
- Moran v. DunphyMassachusetts Supreme Judicial Court · 1901
14 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Local Loan Co. v. HuntSupreme Court of the United States · 1934
- Rosenthal Paper Co. v. National Folding Box & Paper Co.New York Court of Appeals · 1919
- Elliott v. Warwick Stores, Inc.Massachusetts Supreme Judicial Court · 1952
- Helms v. HolmesCourt of Appeals for the Fourth Circuit · 1942
- Licker v. GluskinMassachusetts Supreme Judicial Court · 1929
41 more not listed; retrieve them via the Exa API.