Carr v. Lord
Supreme Judicial Court of Maine
Statement of facts : — “Assumpsit upon a promissory note given by the defendants to one Hiram Corliss, and is brought in the name of the plaintiff as assignee of the said Corliss in bankruptcy. The writ is dated May 1st, 1845. “ The parties agree to submit the cause to the Court upon the following facts. A nonsuit or default to be entered as the judgment of the Court may be.
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Statement of facts : — “Assumpsit upon a promissory note given by the defendants to one Hiram Corliss, and is brought in the name of the plaintiff as assignee of the said Corliss in bankruptcy. The writ is dated May 1st, 1845. “ The parties agree to submit the cause to the Court upon the following facts. A nonsuit or default to be entered as the judgment of the Court may be. “ Said Corliss, on 31st December, 1842, filed in the proper court his petition to be allowed the benefit of the U. S. Bankrupt Act of August 19, 1841. On the third of January, 1843, the defendant gave him the note…
1Opinion of the Court
The opinion of the Court, Shepley, Tenney & Wells Justices, was drawn up by
Shepley J.
The suit was commenced on May 1, 1845, *54on a promissory note made by the defendants on January 3, 1843, payable to Hiram Corliss, in twenty days from date. The plaintiff is the assignee in bankruptcy of Corliss, who was decreed to be a bankrupt on February 21, 1843, on his own petition, filed on December 1, 1842.
The first objection is, that the action cannot be maintained, because it was commenced more than two years after the cause of action first accrued and after the decree in bankruptcy had been made. The…
2Cases cited1 opinion
- Ex parte NewhallU.S. Circuit Court for the District of Massachusetts · 1842
3Cited by2 opinions
- Beeson v. ShivelySupreme Court of Kansas · 1882
- Jenkins v. Chicago & Northwestern Railway Co.Appellate Court of Illinois · 1880