Ross v. Wilcox
Massachusetts Supreme Judicial Court
Contract upon an account annexed, by the assignee in bankruptcy of John Hood, for goods sold and delivered by the bankrupt to the defendant.
Read the full summary
Contract upon an account annexed, by the assignee in bankruptcy of John Hood, for goods sold and delivered by the bankrupt to the defendant. Writ dated September 13, 1881. Answer: 1. A general denial. 2. The statute of limitations, U. S. Rev. Sts. § 5057. At the trial in the Superior Court, before Knowlton, J., the plaintiff offered evidence tending to show that he was appointed assignee in bankruptcy of John Hood on May 19, 1875; that Hood, before his bankruptcy, namely, on September 8,1874, sold to the defendant a set of wheels for $16, which sum the defendant had never paid; and that this…
1Opinion of the CourtC. Allen, J.
The only question in this case is, whether an action by an assignee in bankruptcy to collect a debt due to the estate must be brought within two years from the time when the cause of action accrued to the assignee. According to the construction which has been given to the U. S. Rev. Sts. § 5057, by the Supreme Court of the United States, it must be; and the present action is therefore barred. Bailey v. Glover, 21 Wall. 342. Gifford v. Helms, 98 U. S. 248. See also Walker v. Towner, 4 Dill. 165; Upton v. McLaughlin, 105 U. S. 640; French v. Merrill, 132 Mass. 525. Exeeftions overruled.
2Cases cited5 opinions
- Bailey v. GloverSupreme Court of the United States · 1875
- Upton v. McLaughlinSupreme Court of the United States · 1882
- Gifford v. HelmsSupreme Court of the United States · 1878
- French v. MerrillMassachusetts Supreme Judicial Court · 1882
- Walker v. TownerU.S. Circuit Court for the District of Western Missouri · 1877
3Cited by3 opinions
- Kenyon v. WrisleyMassachusetts Supreme Judicial Court · 1888
- KemMassachusetts Land Court · 1904
- Keville v. DerryMassachusetts District Court, Appellate Division · 1940