Perry Manuf'g Co. v. Brown
U.S. Circuit Court for the District of Massachusetts
This was assumpsit on a promissory note made by the principals to the plaintiff, and payable in New York, for $1,481.07. The plaintiffs were incorporated by the laws of ltliode Island, and were doing business at Newport, in that state. The defendants [Brown and others and the Western Kail-road trustees] who were principals, resided in Massachusetts, and were defaulted; and the railroad, which was sued as trustee, was incorporated and doing business in the same state.
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This was assumpsit on a promissory note made by the principals to the plaintiff, and payable in New York, for $1,481.07. The plaintiffs were incorporated by the laws of ltliode Island, and were doing business at Newport, in that state. The defendants [Brown and others and the Western Kail-road trustees] who were principals, resided in Massachusetts, and were defaulted; and the railroad, which was sued as trustee, was incorporated and doing business in the same state. The trustee disclosed, that when summoned on the 18th June, 1846, the railroad had iff its possession certain goods and…
1Opinion of the Court
WOODBURY, Circuit Justice.
The contest in this case arises from the fact. that, by the insolvent system of Massachusetts, the property of debtors, though under attachment or trustee process, is discharged from them, and carried into the general fund or assets of the debtor, to be divided among all his creditors pro rata. While, by the practice and decisions of the United States courts, such attachments and trustee suits pending there, being, as they usually are, in favor of persons living out of the state, and on contracts to be performed out of it, are not usually discharged, but may be…
2Cases cited17 opinions
- Commercial Bank v. KortrightCourt for the Trial of Impeachments and Correction of Errors · 1839
- Dawes v. BoylstonMassachusetts Supreme Judicial Court · 1812
- Commonwealth v. CoombsMassachusetts Supreme Judicial Court · 1807
- Ingraham v. GeyerMassachusetts Supreme Judicial Court · 1816
- Wood v. PartridgeMassachusetts Supreme Judicial Court · 1814
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3Cited by1 opinion
- The De SmetU.S. Circuit Court for the District of Eastern Louisiana · 1881