Pike v. McDonald
Supreme Judicial Court of Maine
Assumpsit, for money paid. In June, 1843, one Pease recovered judgment against the parties to this suit, upon a note in which this plaintiff was surety for these defendants. In 1846, J. E. McDonald obtained a discharge, under the Bankrupt law of the United States, upon his own petition, filed after said note became payable. In 1848, this plaintiff paid said' judgment, and now brings this suit to recover for the money so paid.
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Assumpsit, for money paid. In June, 1843, one Pease recovered judgment against the parties to this suit, upon a note in which this plaintiff was surety for these defendants. In 1846, J. E. McDonald obtained a discharge, under the Bankrupt law of the United States, upon his own petition, filed after said note became payable. In 1848, this plaintiff paid said' judgment, and now brings this suit to recover for the money so paid. The case was submitted to the court for a legal disposition, by nonsuit or default. The bankruptcy of McDonald, the defendant, who was one of the principals in the note,…
1Opinion of the CourtShepley, C. J.
It appears by the agreed statement, that *419Simeon Pease recovered judgment against the plaintiff and defendants in June, 1843, founded upon a promissory note made by them on October 1, 1839, on which the plaintiff was surety for the defendants.
Note.—Howard, J. having been of counsel to one of the parties, did. not act in the decision of this case.
One of the defendants, John E. McDonald, filed his petition to be declared a bankrupt on February 22, 1843, and such proceedings were had thereon, that he obtained his discharge as a bankrupt on February 17, 1846.
The promissory note made to Pease might…
2Cited by8 opinions
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- In re MansfieldDistrict Court, D. Louisiana · 1872
- In re WilliamsDistrict Court, D. Connecticut · 1868
- Bourne v. MaybinU.S. Circuit Court for the District of Southern Mississippi · 1877
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