Athol National Bank v. Hingham Manufacturing Co.
Massachusetts Supreme Judicial Court
Contract on a promissory note signed by the defendant as maker, and by A. C. Cushing, D. Whiton and E. P. Dunbar, as indorsers.
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Contract on a promissory note signed by the defendant as maker, and by A. C. Cushing, D. Whiton and E. P. Dunbar, as indorsers. Writ dated December 17, 1875. The case was submitted to the Superior Court, and, after judgment for the plaintiff, to this court on appeal, on an agreed statement of facts in substance as follows: The defendant was adjudged a bankrupt in the District Court of the United States for the District of Massachusetts on October 20, 1875. The plaintiff, at the first meeting of creditors, on November 10,1875, proved the note against the estate of the defendant in bankruptcy.…
1Opinion of the Court
By the Court.
The plaintiff is not debarred from taking judgment against the corporation as maker of the note sued on, either by the proceedings in bankruptcy against the corporation, or by his having proved the note in bankruptcy against the indorsers. Munson v. Boston, Harford Erie Railroad, 120 Mass. 81. Sohier v. Loring, 6 Cush. 537.
Judgment affirmed.
2Cases cited1 opinion
- Munson v. Boston, Hartford & Erie RailroadMassachusetts Supreme Judicial Court · 1876
3Cited by1 opinion
- First National Bank v. Hingham Manufacturing Co.Massachusetts Supreme Judicial Court · 1879