Leman v. Locke
Massachusetts Supreme Judicial Court
Contract for $595.44 and interest upon a judgment obtained by the plaintiff against the defendant on January 10, 1902, in the Municipal Court of the City of Boston.
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Contract for $595.44 and interest upon a judgment obtained by the plaintiff against the defendant on January 10, 1902, in the Municipal Court of the City of Boston. Writ dated January 3, 1921. The defendant set up a discharge of the defendant in bankruptcy dated May 12, 1903, following his adjudication as a bankrupt on March 5, 1902. At the hearing of the action in the Superior Court before Morton, J., without a jury, it appeared that the judgment for $595.44 ($580.10 damages and $15.34 costs) was obtained in an action in which the declaration was upon an account annexed containing the…
1Opinion of the CourtBraley, J.
It is true as the plaintiff contends that the nature *554and character of an original debt provable in bankruptcy is not changed by merger in a judgment. Boynton v. Ball, 121 U. S. 457, 466. Savage v. Shaw, 195 Mass. 571. Attorney General v. American Legion of Honor, 196 Mass. 151, 158. Brown v. Hannagan, 210 Mass. 246, 248. And in Audubon v. Shufeldt, 181 U. S. 575, it was held that a discharge in bankruptcy does not bar collection of arrears of alimony and allowance for support of wife and minor children accrued under a decree for divorce. This case was followed in Wetmore v. Markoe, 196 U. S.…
2Cases cited10 opinions
- Wetmore v. MarkoeSupreme Court of the United States · 1904
- Audubon v. ShufeldtSupreme Court of the United States · 1901
- Dunbar v. DunbarSupreme Court of the United States · 1903
- Boynton v. BallSupreme Court of the United States · 1887
- Attorney General v. Supreme Council American Legion of HonorMassachusetts Supreme Judicial Court · 1907
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3Cited by5 opinions
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- Hylek v. HylekDistrict Court, N.D. Indiana · 1944
- Wintrode v. ConnorsOhio Court of Appeals · 1941
- Watts v. McDonaldMassachusetts District Court, Appellate Division · 1945
- Yale University v. WeissmanMassachusetts District Court, Appellate Division · 1936