Legal Opinion

Stoddard v. Harrington

Massachusetts Supreme Judicial Court

Decided October 15, 1868PublishedCited by 8 opinions

Contract by the executors of the will of John Green on a promissory note made by the defendant payable to the order of their testator on demand, and dated Worcester, February 17, 1852. Writ dated April 6,1868. The case was submitted to the judgment of the court on the following facts agreed : The note was made in Massachusetts on its date, and given for a debt here contracted.

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Contract by the executors of the will of John Green on a promissory note made by the defendant payable to the order of their testator on demand, and dated Worcester, February 17, 1852. Writ dated April 6,1868. The case was submitted to the judgment of the court on the following facts agreed : The note was made in Massachusetts on its date, and given for a debt here contracted. Both the maker and the payee were citizens of Massachusetts at the time of the contracting of the debt and the making and giving of the note, and the maker has ever since been a citizen of Massachusetts. The payee…

1Opinion of the CourtHoar, J.

The precise question which this case presents does not seem to have been decided by the supreme court of the United States. That question is, whether, if a contract is made between two citizens of the same state within the state, and one of them afterwards removes therefrom and becomes a citizen of another state, and the other then obtains a discharge under the provisions of an insolvent law of the state where the contract was made, which was enacted and in force before the *88date of the contract, such a discharge is effectual as a bar to a suit upon the contract. It has been held to be a bar…

2Cited by8 opinions

  1. Bergner & Engel Brewing Co. v. DreyfusMassachusetts Supreme Judicial Court · 1898
  2. Murphy v. ManningMassachusetts Supreme Judicial Court · 1883
  3. Phoenix National Bank of Providence v. BatchellerMassachusetts Supreme Judicial Court · 1890
  4. Maxwell v. CochranMassachusetts Supreme Judicial Court · 1883
  5. Rhodes v. BordenCalifornia Supreme Court · 1885

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