Hills v. Carlton
Supreme Judicial Court of Maine
ON exception.! from superior court. Assumpsit on an account annexed, contracted between October 4 and November 10, 1878, in the sum of $590.68, commenced December 3, 1878, and entered in the superior court for Cumberland county, at the March term, 1879. Plaintiffs are citizens of Massachusetts; defendant is citizen of Maine. Insolvency of defendant was suggested, and assignee in insolvency appeared by his attorney.
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ON exception.! from superior court. Assumpsit on an account annexed, contracted between October 4 and November 10, 1878, in the sum of $590.68, commenced December 3, 1878, and entered in the superior court for Cumberland county, at the March term, 1879. Plaintiffs are citizens of Massachusetts; defendant is citizen of Maine. Insolvency of defendant was suggested, and assignee in insolvency appeared by his attorney. The plea, Jim's darrein continuance, by defendant "And now comes.the said defendant, and says that the said plaintiffs ought not further to have or maintain their aforesaid action…
1Opinion of the CourtAppletoN, C. J.
The question presented for determination is whether a discharge in insolvency granted by an insolvent court of this state to one of its citizens, is a .bar to an action brought by a citizen of another state in the courts of this state.
The plaintiffs were no parties to the proceedings before the insolvent court. Citizens of another state, it is not competent for the legislature of this state to pass any law suspending or discharging their right of action on a contract made with a citizen of this state. The insolvent laws of a state have no extraterritorial effect. They affect only contracts…
2Cases cited3 opinions
- Baldwin v. HaleSupreme Court of the United States · 1864
- Cook v. MOFFATSupreme Court of the United States · 1847
- Guernsey v. WoodMassachusetts Supreme Judicial Court · 1881
3Cited by3 opinions
- Main & Winchester v. MessnerOregon Supreme Court · 1888
- Newton v. HagermanUnited States Circuit Court · 1884
- Stirn & Lyon v. McQuadeSupreme Court of New Hampshire · 1890