Guernsey v. Wood
Massachusetts Supreme Judicial Court
Contract for goods sold and delivered by a citizen of Pennsylvania, doing business in this Commonwealth under the style of the Somerville Flour Mills, against a citizen of this Commonwealth. Answer, a certificate of discharge under the insolvent law of this Commonwealth.
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Contract for goods sold and delivered by a citizen of Pennsylvania, doing business in this Commonwealth under the style of the Somerville Flour Mills, against a citizen of this Commonwealth. Answer, a certificate of discharge under the insolvent law of this Commonwealth. At the trial in the Superior Court, there was evidence that the plaintiff was never a citizen of this Commonwealth; that the goods were sold to the defendant by the plaintiff’s brother, who was a citizen of this Commonwealth, was in the sole charge of the business carried on by the plaintiff in this Commonwealth, never…
1Opinion of the CourtGray, C. J.
The plaintiff, at the time of the making of the contract sued on, and ever since, was a citizen of another State. The contract being in fact made by his agent in his behalf, he had the right to sue thereon. Of that right he cannot be deprived by the insolvent law of this Commonwealth without his consent. He does not give such consent by the making of a contract in this Commonwealth, either by himself or through an agent, even if the contract is to be performed here. He is not shown to have taken any part in the proceedings under the insolvent law. The fact that the certificate of discharge…
2Cases cited2 opinions
- Baldwin v. HaleSupreme Court of the United States · 1864
- Baldwin v. Bank of NewburySupreme Court of the United States · 1864
3Cited by10 opinions
- Bergner & Engel Brewing Co. v. DreyfusMassachusetts Supreme Judicial Court · 1898
- Phoenix National Bank of Providence v. BatchellerMassachusetts Supreme Judicial Court · 1890
- Regina Flour Mill Co. v. HolmesMassachusetts Supreme Judicial Court · 1892
- Hills v. CarltonSupreme Judicial Court of Maine · 1882
- Chase v. HenryMassachusetts Supreme Judicial Court · 1896
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