Legal Opinion

Tirrell v. Freeman

Massachusetts Supreme Judicial Court

Decided May 11, 1885PublishedCited by 4 opinions

Contract, on five promissory notes, each for $2000, dated January 1, 1878, payable, respectively, eighteen, twenty-four, thirty, thirty-six, and forty-two months after date, to the plaintiff, and signed by the defendants.

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Contract, on five promissory notes, each for $2000, dated January 1, 1878, payable, respectively, eighteen, twenty-four, thirty, thirty-six, and forty-two months after date, to the plaintiff, and signed by the defendants. The answer alleged, “that, on or about February 10, 1876, the defendants filed their petition in bankruptcy in the District Court of the United States for the District of Massachusetts, whereon due and proper proceedings were had, and they were duly adjudged bankrupt; that the plaintiff was then a creditor of the defendants in a large amount, to wit, in the sum of…

1Opinion of the CourtField, J.

The plaintiff, having proved his debt, signed the resolution of composition of the defendants, (who were bankrupt *300debtors, under a petition filed on or about February 10,1876,) in consideration of an oral promise by the debtors that they would pay the plaintiff his debt in full, by giving him four promissory notes therefor, and would pay a further sum in money. The resolution was confirmed by the signatures of the debtors, and the requisite number of creditors, including the. plaintiff, and it was ordered to be recorded by the court, whereby the debtors were discharged from their debts.…

2Cases cited3 opinions

  1. Blasdel v. FowleMassachusetts Supreme Judicial Court · 1876
  2. Cobb v. TirrellMassachusetts Supreme Judicial Court · 1884
  3. Farwell v. RaddinMassachusetts Supreme Judicial Court · 1880

3Cited by4 opinions

  1. Carey v. HessIndiana Supreme Court · 1887
  2. Hollidge v. Colonial Trust Co.Massachusetts Supreme Judicial Court · 1935
  3. Eaton v. LittlefieldMassachusetts Supreme Judicial Court · 1888
  4. Singer v. DondisSupreme Judicial Court of Maine · 1935

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