Heim v. Chapman
Massachusetts Supreme Judicial Court
Contract, upon a promissory note. The case was submitted to the Superior Court, and, after judgment for the defendant rendered by Wardwell, J., to this court on appeal, upon agreed facts, in substance as follows.
Read the full summary
Contract, upon a promissory note. The case was submitted to the Superior Court, and, after judgment for the defendant rendered by Wardwell, J., to this court on appeal, upon agreed facts, in substance as follows. The defendant was the maker and the plaintiff the payee of the note, which was for one hundred dollars, and was dated December 6, 1870. The defendant filed a petition in bankruptcy in the United States District Court within and for the District of Massachusetts, under U. S. Rev. Sts. §§ 4972-5132, on July 26, 1873, which contained a schedule sworn to by the defendant, purporting to…
1Opinion of the CourtMorton, J.
The sole question in this case is whether the intentional omission of the plaintiff’s name by the defendant from the schedule of his creditors in the bankruptcy proceedings, and the payment by the defendant to the plaintiff on the note during their pendency, prevents the defendant from setting up the discharge as a bar. The only respect in which this case differs from other eases in which a similar question has been considered by this court consists in the fact of the payment. See Fuller v. Pease, 144 Mass. 390; Kempton v. Saunders, 130 Mass. 236; Black v. Blazo, 117 Mass. 17; Way v. Howe,…
2Cases cited5 opinions
- Way v. HoweMassachusetts Supreme Judicial Court · 1871
- Black v. BlazoMassachusetts Supreme Judicial Court · 1875
- Fuller v. PeaseMassachusetts Supreme Judicial Court · 1887
- Kempton v. SaundersMassachusetts Supreme Judicial Court · 1881
- Jacobs v. CarpenterMassachusetts Supreme Judicial Court · 1894
3Cited by2 opinions
- Needham v. MatthewsonSupreme Court of Kansas · 1909
- Nathan v. LelandMassachusetts Supreme Judicial Court · 1907