Fogler v. Clark
Supreme Judicial Court of Maine
On report. Assumpsit against the defendants as late co-partners under the firm name of Clark and Fernald, upon a promissory note for one hundred and forty-three dollars, dated February 17, 187(1, and payable on demand. The liability of Fernald was admitted.
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On report. Assumpsit against the defendants as late co-partners under the firm name of Clark and Fernald, upon a promissory note for one hundred and forty-three dollars, dated February 17, 187(1, and payable on demand. The liability of Fernald was admitted. The other defendant, Clark, relied upon a discharge in insolvency, granted February 24, 1880. The payee of the note proved it in insolvency and received dividends'from the insolvent estate as follows : May 29, 1880, twenty-four dollars and ninety-four cents; August 11, 1881, eleven dollars and eighty-seven cents. Subsequently, he indorsed…
1Opinion of the CourtPeters, C. J.
The plaintiff, a creditor whose debt accrued against the defendant before the passage of the insolvent law, having proved his debt against the defendant’s estate in insolvency and received dividends thereon, seeks to recover the balance of his debt, on the ground that the law is, as to his claim, unconstitutional, the questiou being whether he is or not estopped by these facts from asserting such unconstitutionality.
The plaintiff relies upon two early Massachusetts cases to support his proposition, Kimberly v. Ely, 6 Pick. 440 ; Agnew v. Platt, 15 Pick. 417. These cases were prior to the case…
2Cases cited8 opinions
- Chapman v. Forsyth & LimerickSupreme Court of the United States · 1844
- Baldwin v. HaleSupreme Court of the United States · 1864
- McElrath v. United StatesSupreme Court of the United States · 1880
- Lee v. TillotsonNew York Supreme Court · 1840
- Clay v. SmithSupreme Court of the United States · 1830
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3Cited by4 opinions
- Shepherd v. Mount Vernon Trust Co.New York Court of Appeals · 1935
- Hardwicke v. YoungCourt of Appeals of Kentucky · 1901
- Graham v. SmithDistrict Court, D. Maine · 2003
- Turner v. KirkwoodSupreme Court of Oklahoma · 1934