Pike v. Lowell
Supreme Judicial Court of Maine
Assumpsit, brought April 38, 1849. Certain persons were decreed to be bankrupts in 1842. The plaintiff was assignee of their estate. In said capacity he sold to one Bolkcom a demand against Stephenson, since deceased. The demand had been in the hands of Mr. Lowell, and prior to said sale, Mr. Lowell had collected the money ; but he declined to pay it over, except to Stephenson’s administrator, saying the demand never belonged to the bankrupt’s estate.
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Assumpsit, brought April 38, 1849. Certain persons were decreed to be bankrupts in 1842. The plaintiff was assignee of their estate. In said capacity he sold to one Bolkcom a demand against Stephenson, since deceased. The demand had been in the hands of Mr. Lowell, and prior to said sale, Mr. Lowell had collected the money ; but he declined to pay it over, except to Stephenson’s administrator, saying the demand never belonged to the bankrupt’s estate. Bolkcom brings this action, in the name of the assignee, to recover said money. The defendant pleaded the limitation, contained in the 8th…
1Opinion of the Court
Tenney, J.,
orally.—The distinction drawn by the plaintiff’s counsel cannot be sustained. There is nothing in the statute, from which it can be inferred. Limitation laws are arbitrary, but they are binding.
Judgment for defendant.
2Cited by3 opinions
- Moses v. St. PaulSupreme Court of Alabama · 1880
- Walker v. TownerU.S. Circuit Court for the District of Western Missouri · 1877
- Duff v. First Nat. Bank of WellsvilleU.S. Circuit Court for the District of Western Pennsylvania · 1882