National Bank of Clinton v. Taylor
Massachusetts Supreme Judicial Court
Contract against the maker and indorsers upon a negotiable promissory note, made by the defendant Taylor, payable to the other defendants., and by them indorsed to the plaintiff. On June 15, 1874, at a calling of the docket, in the Superior Court, the court ordered the action to be placed on the short list for trial, on June 22, 1874; and on that day the defendants were all defaulted.
Read the full summary
Contract against the maker and indorsers upon a negotiable promissory note, made by the defendant Taylor, payable to the other defendants., and by them indorsed to the plaintiff. On June 15, 1874, at a calling of the docket, in the Superior Court, the court ordered the action to be placed on the short list for trial, on June 22, 1874; and on that day the defendants were all defaulted. The same day, the defendant Taylor was adudged a bankrupt by the United States District Court for the district of Massachusetts, and on the same day, but after the default was entered, the defendant Taylor filed…
1Opinion of the CourtGray, C. J.
The defendant Taylor having been adjudged a bankrupt in the District Court of the United States, and having filed a copy of such adjudication before judgment against Mm in this action, the case was rightly continued, upon Ms motion, to await the determination of that court upon the question of his discharge. Ray v. Wight, 119 Mass. 426. Having afterwards obtained Ms discharge in bankruptcy,, and produced a certificate thereof, judgment was rightly rendered in Ms favor. Lewis v. Shattuck, 4 Gray, 572. Carpenter v. Turrell, 100 Mass. 450.
Exceptions overruled
2Cases cited2 opinions
- Carpenter v. TurrellMassachusetts Supreme Judicial Court · 1868
- Ray v. WightMassachusetts Supreme Judicial Court · 1876
3Cited by5 opinions
- Bank of Commerce v. ElliottWisconsin Supreme Court · 1901
- Brooks v. BatesSupreme Court of Colorado · 1884
- Golden v. BlaskopfMassachusetts Supreme Judicial Court · 1879
- Page v. ColeMassachusetts Supreme Judicial Court · 1877
- Seavey v. BecklerMassachusetts Supreme Judicial Court · 1880