Legal Opinion

Black v. Blazo

Massachusetts Supreme Judicial Court

Decided January 11, 1875PublishedCited by 18 opinions

Contract on a promissory note. Trial in the Superior Court before Pitman, J., who ordered'a verdict for the defendant, and reported the case for the determination of this court. The nature of the case appears in the opinion.

1Opinion of the CourtMorton, J.

This is an action of contract upon a promissory note. The defence was a discharge in bankruptcy. The plaintiff filed a replication alleging that the plaintiff’s name was fraudulently omitted from the schedule of creditors filed in the bankruptcy proceedings by the defendant, that the plaintiff had no notice of the proceedings, and that therefore the defendant’s discharge was invalid. The Superior Court correctly ruled that the defendant’s discharge “ could not be impeached in this court for any reasons ” set forth in the replication.

The case of Way v. Howe, 108 Mass. 502, is decisive against…

2Cases cited2 opinions

  1. Way v. HoweMassachusetts Supreme Judicial Court · 1871
  2. Burpee v. SparhawkMassachusetts Supreme Judicial Court · 1871

3Cited by18 opinions

  1. Custard v. WigdersonWisconsin Supreme Court · 1907
  2. Wiley v. PaveyIndiana Supreme Court · 1878
  3. Poillon v. . LawrenceNew York Court of Appeals · 1879
  4. Fields, Garnishee, and Scott v. RustCourt of Appeals of Texas · 1904
  5. Blair v. HannaIndiana Supreme Court · 1882

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