Chamberlain v. Perkins
Supreme Court of New Hampshire
This writ was entered April term, 1870, and is assumpsit by James M. Chamberlain & Co. against Winslow T. Perkins, upon an account annexed.
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This writ was entered April term, 1870, and is assumpsit by James M. Chamberlain & Co. against Winslow T. Perkins, upon an account annexed. The action was continued, and at the April term, 1871, the defendant moved for leave to plead the pendency of proceedings in insolvency, or under an assignment in this State; to the reception of which plea the plaintiff objected, — 1, on the ground that the plea was offered too late, no allusion having ever been made to said proceedings in the affidavit for continuance at the first term, or at any subsequent term, until now; and 2, upon the ground that…
1Opinion of the CourtBellows, C. J.
The plea was out of time, but it was within the discretion of the presiding justice to receive it, ánd that discretion is not open to revision, but the questions as to its sufficiency are properly raised'by the demurrer.
It is objected that the plea should conclude to the country as under the English bankrupt law ; and such seems to be the rule in England, when the plea is general — 1 Ch. Pl. 567, 558, and cases cited in note z; 8 Ch. PI. 912; but this is in accordance with the terms of their statute of bankruptcy and contrary to the general rules of pleading, which, in the case of the…
2Cases cited10 opinions
- Ogden v. SaundersSupreme Court of the United States · 1827
- Norris v. DoniphanCourt of Appeals of Kentucky · 1863
- Blanchard v. RussellMassachusetts Supreme Judicial Court · 1816
- Martin v. BerryCalifornia Supreme Court · 1869
- Larrabee v. TalbottCourt of Appeals of Maryland · 1847
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3Cited by1 opinion
- Simpson v. City Savings BankSupreme Court of New Hampshire · 1876