Chadwick v. Starrett
Supreme Judicial Court of Maine
This was an action of assumpsit, to recover for goods sold and delivered to Nancy T. Hussey, while she was a feme sole. The sale and delivery were proved, at the trial before Shepley J. It appeared that she was married to the other defendant, Starrett, on Nov. 15, 1843. In defence, the copy of a certificate of discharge in bankruptcy of Nancy T. Hussey was read, bearing date on Jan’y 31, 1844, and which recited, that her petition was filed June 21, 1842; that she was…
Read the full summary
This was an action of assumpsit, to recover for goods sold and delivered to Nancy T. Hussey, while she was a feme sole. The sale and delivery were proved, at the trial before Shepley J. It appeared that she was married to the other defendant, Starrett, on Nov. 15, 1843. In defence, the copy of a certificate of discharge in bankruptcy of Nancy T. Hussey was read, bearing date on Jan’y 31, 1844, and which recited, that her petition was filed June 21, 1842; that she was declared a bankrupt August 24, 1842; and petitioned for discharge Nov. 30, 1842. The plaintiff’s counsel insisted, that the…
1Opinion of the Court
The opinion of the Court was drawn up by
WhitmaN C. J.
The plaintiff claims to recover for goods sold to the defendant, the wife, while sole. She intermarried with the defendant, Starrett, after she, by her maiden name, on her petition, had been declared a bankrupt, under the act of Congress of 1841; and after she had presented her petition *142for a discharge; and before a decree had been obtained for that purpose. Subsequently to the marriage, a certificate of discharge was decreed and issued, according to her petition, in her maiden name, and this is now relied upon in defence.
The plaintiff…
2Cited by3 opinions
- Semo v. GoudreauSupreme Judicial Court of Maine · 1951
- In re RathboneDistrict Court, S.D. New York · 1868
- In re CarrierDistrict Court, W.D. Pennsylvania · 1891