Whipple v. Robbins
Massachusetts Supreme Judicial Court
Contract on an account annexed for work done by the plaintiff. The plaintiff resided at Huntington in Massachusetts; the defendants at Hartford in Connecticut. The defendants declared in set-off upon a promissory note dated July 3,185-5, made by the plaintiff, at Huntington, for three hundred and fifty dollars, payable three months from date, at the Agawam Bank, in Springfield, to the order of A. Copeland, and indorsed in blank by Copeland.
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Contract on an account annexed for work done by the plaintiff. The plaintiff resided at Huntington in Massachusetts; the defendants at Hartford in Connecticut. The defendants declared in set-off upon a promissory note dated July 3,185-5, made by the plaintiff, at Huntington, for three hundred and fifty dollars, payable three months from date, at the Agawam Bank, in Springfield, to the order of A. Copeland, and indorsed in blank by Copeland. At the trial in the superior court it was agreed that the defendants authorized an attorney to appear for them, and sent to him from Hartford the note, to…
1Opinion of the CourtFoster, J.
The trustee process in Connecticut under which the defendant has made the payment of which he now seeks to avail himself in defence, was instituted during the pendency of the present action. Both in this commonwealth and in Connecticut an attachment by trustee process may be made notwithstanding an action is pending in favor of the debtor against the trustee to recover the same debt. Gen. Sts. c. 142, §§ 18,19, 20. Gager v. Watson, 11 Conn. 168. But this rule applies only when both suits are within the same jurisdiction.
In Embree v. Hanna, 5 Johns. 100, an action was commenced in Maryland,…
2Cases cited3 opinions
- Wallace v. McConnellSupreme Court of the United States · 1839
- Bissell v. KipNew York Supreme Court · 1809
- Gager v. WatsonSupreme Court of Connecticut · 1836
3Cited by27 opinions
- Merrill v. New England Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1869
- Lancashire Insurance v. CorbettsIllinois Supreme Court · 1897
- Eddy v. O'HaraMassachusetts Supreme Judicial Court · 1882
- Shrewsbury v. TuftsWest Virginia Supreme Court · 1895
- American Bank v. RollinsMassachusetts Supreme Judicial Court · 1868
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