Legal Opinion

Bowker v. Childs

Massachusetts Supreme Judicial Court

Decided January 15, 1862Published

Contract. The declaration contained four counts upon promissory notes, and one count alleging that the defendants, representing themselves to be insolvent, paid sixty per cent, on their debts, and agreed to and with the plaintiffs that, at a specified time, they would render a final account, on the winding up of their business, and pay over to the plaintiffs their share of the surplus, but had neglected and refused so to do.

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Contract. The declaration contained four counts upon promissory notes, and one count alleging that the defendants, representing themselves to be insolvent, paid sixty per cent, on their debts, and agreed to and with the plaintiffs that, at a specified time, they would render a final account, on the winding up of their business, and pay over to the plaintiffs their share of the surplus, but had neglected and refused so to do. At the trial in the superior court, before Brigham,, J., a verdict was returned for the defendants, upon facts and rulings which are stated in the opinion, and the…

1Opinion of the CourtHoar, J.

The principal facts upon which this case depends are these. The defendants, in May 1857, became embarrassed in their business, and undertook to make a compromise with their creditors. They were then indebted to the plaintiffs upon four promissory notes, one of which was nearly due, and the others having some time to run before maturity. A committee of their creditors, of which one of the plaintiffs was a member, recommended that they should pay sixty per cent, upon all their notes, due or not due, calculating this amount upon the face of the notes, without addition or subtraction of interest,…

2Cases cited1 opinion

  1. Lewis v. QuinkerCourt of Appeals of Kentucky · 1859

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