Murray v. Roberts
Massachusetts Supreme Judicial Court
Contract on an account annexed to recover a balance of the price of goods sold. The account annexed disclosed debit items in all amounting to two hundred and fifteen dollars, with a further item for interest, and a credit item of forty-three dollars. Writ dated June 5, 1888. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court, on appeal, on agreed facts, in substance as follows.
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Contract on an account annexed to recover a balance of the price of goods sold. The account annexed disclosed debit items in all amounting to two hundred and fifteen dollars, with a further item for interest, and a credit item of forty-three dollars. Writ dated June 5, 1888. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court, on appeal, on agreed facts, in substance as follows. The defendant bought the goods in question for two hundred and fifteen dollars, on March 19, 20, 1886, from the plaintiffs, who were residents of Rhode Island.…
1Opinion of the CourtKnowlton, J.
It has repeatedly been decided that a resident of another State who voluntarily submits himself to the jurisdiction of a court of insolvency, by proving his claim, or otherwise participating in the proceedings, waives his right to object that the legislature of the State which created the court *355has no constitutional right to pass a statute which will discharge his debt. Clay v. Smith, 3 Pet. 411. Journeay v. Gardner, 11 Cush. 355. Eustis v. Bolles, 146 Mass. 413.
The plaintiffs were duly notified of the pendency of insolvency proceedings against the defendant in this Commonwealth, and of his…
2Cases cited2 opinions
- Clay v. SmithSupreme Court of the United States · 1830
- Eustis v. BollesMassachusetts Supreme Judicial Court · 1888
3Cited by5 opinions
- Shepherd v. Mount Vernon Trust Co.New York Court of Appeals · 1935
- Federico MacAroni Mfg. v. Great Western Fire Ins. Co.Supreme Court of Louisiana · 1931
- Pattee v. PaigeMassachusetts Supreme Judicial Court · 1895
- Joseph Rosenheim & Co. v. MorrowSupreme Court of Florida · 1896
- Swift v. WinchesterSupreme Judicial Court of Maine · 1902