Bigelow v. Norris
Massachusetts Supreme Judicial Court
Contract upon an account annexed, for rent of a room from July 2 to September 3, 1875. Writ dated May 15, 1883. Answer: 1. The statute of limitations. 2. A discharge in bankruptcy of debts existing on July 18, 1876. After the former decision, reported 139 Mass. 12, the case was tried in the Superior Court, without a jury, before Knowlton, J., who ruled that the action could not be maintained, and ordered judgment for the defendant; and the plaintiff alleged exceptions.
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Contract upon an account annexed, for rent of a room from July 2 to September 3, 1875. Writ dated May 15, 1883. Answer: 1. The statute of limitations. 2. A discharge in bankruptcy of debts existing on July 18, 1876. After the former decision, reported 139 Mass. 12, the case was tried in the Superior Court, without a jury, before Knowlton, J., who ruled that the action could not be maintained, and ordered judgment for the defendant; and the plaintiff alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtMorton, C. J.
It was decided in this case, at the former hearing, that the letters of October 7, 1880, and February 8, 1881, were not sufficient to take the debt of the plaintiff out of the operation of the defendant’s discharge in bankruptcy. Bigelow v. Norris, 139 Mass. 12.
The plaintiff now relies upon a letter, dated July 29, 1876, which was not in evidence at the former trial, and is as follows : “Tours received. I will send you the first spare 1V ’ or ‘X ’ I have. I am compelled to go through bankruptcy, as a single creditor held out against signing. I am so sorry I owed you. I will not long either,…
2Cases cited2 opinions
- Elwell v. CumnerMassachusetts Supreme Judicial Court · 1883
- Bigelow v. NorrisMassachusetts Supreme Judicial Court · 1885
3Cited by1 opinion
- Jacobs v. CarpenterMassachusetts Supreme Judicial Court · 1894