Phelps v. Thomas
Massachusetts Supreme Judicial Court
Action of contract. Answer, a certificate of discharge in insolvency. At the trial in the court of common pleas, the plaintiff sought to avoid said certificate of discharge, on the ground that the defendant had procured the assent thereto of several of his other creditors by verbal promises to pay cheil debts in full.
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Action of contract. Answer, a certificate of discharge in insolvency. At the trial in the court of common pleas, the plaintiff sought to avoid said certificate of discharge, on the ground that the defendant had procured the assent thereto of several of his other creditors by verbal promises to pay cheil debts in full. The defendant contended that a mere promise to pay the debt of a creditor at some future time was not a violation of St. 1848, c. 304, § 9. But Byington, J. ruled otherwise; the jury returned a verdict for the plaintiff, and the defendant alleged exceptions.
1Opinion of the CourtMetcalf, J.
The question is, whether the testimony at the trial brings the case within the provision in St. 1848, c. 304, § 9, that the discharge of an insolvent debtor “ shall be null and void,, if the debtor, or any person in his behalf, shall have procured the assent of any creditor thereto by any pecuniary consideration.” It is suggested for the defendant, that the assent to his discharge, procured by his promise to pay some of his creditors’ claims in full, was not procured by a “pecuniary” consideration. This, however, was not much relied on, and we can give no heed to it.
The other ground taken for…
2Cases cited1 opinion
- Tuxbury v. MillerNew York Supreme Court · 1822
3Cited by1 opinion
- McNamara v. StateIndiana Supreme Court · 1932