Goodnow v. Hill
Massachusetts Supreme Judicial Court
Contract on the following promissory note signed by a husband and wife : “ $600. Boston, March 28, 1876. One month after date we promise to pay to the order of N. B. Goodnow six hundred dollars value received at any bank in Boston.
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Contract on the following promissory note signed by a husband and wife : “ $600. Boston, March 28, 1876. One month after date we promise to pay to the order of N. B. Goodnow six hundred dollars value received at any bank in Boston. Due May 1.” Writ dated October 20, 1876. At the trial in the Superior Court, before Rockwell, J., the defendants moved for a continuance to await the result of bankruptcy proceedings still pending in the United States District Court against the husband. The plaintiff thereupon discontinued the action as to him, and proceeded against the wife. It was admitted'that…
1Opinion of the CourtGray, C. J.
The proceedings and proof in bankruptcy against the husband might bar the action against him. Bennett v. Goldthwait, 109 Mass. 494. Valpey v. Rea, 124 Mass. 99. But the plaintiff, upon discontinuing against him, was entitled to prosecute the action to judgment against the other defendant. Gen. Sts. c. 133, § 5; c. 129, § 41; c. 156, § 2. Goodnow v. Smith, 18 Pick. 414. Hathaway v. Crocker, 7 Met. 262, 268.
The evidence introduced to show the conviction of the husband, in order to impeach his credibility as a witness, having been excluded by the court as soon as it appeared to fall short of…
2Cases cited3 opinions
- Major v. HolmesMassachusetts Supreme Judicial Court · 1878
- Bennett v. GoldthwaitMassachusetts Supreme Judicial Court · 1872
- Valpey v. ReaMassachusetts Supreme Judicial Court · 1878
3Cited by10 opinions
- Hopt v. UtahSupreme Court of the United States · 1887
- Brown v. MatthewsSupreme Court of Georgia · 1887
- Waldron v. WaldronSupreme Court of the United States · 1895
- Harris v. North American InsuranceMassachusetts Supreme Judicial Court · 1906
- Commonwealth v. CliffordMassachusetts Supreme Judicial Court · 1887
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