Bergner & Engel Brewing Co. v. Dreyfus
Massachusetts Supreme Judicial Court
Contract for beer and ale sold and delivered to the defendant. Writ dated September 30, 1896. The ease was submitted to the Superior Court, and, after judgment for the plaintiff, to this court, on appeal, upon agreed facts, in substance as follows. The plaintiff during all the time of the transactions involved in the action was a corporation organized under the laws of Pennsylvania.
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Contract for beer and ale sold and delivered to the defendant. Writ dated September 30, 1896. The ease was submitted to the Superior Court, and, after judgment for the plaintiff, to this court, on appeal, upon agreed facts, in substance as follows. The plaintiff during all the time of the transactions involved in the action was a corporation organized under the laws of Pennsylvania. It never held a charter from this Commonwealth, and had always complied with the laws of this Commonwealth regulating foreign corporations doing business here. Its business was the manufacturing and selling malt…
1Opinion of the CourtHolmes, J.
This is a suit by a Pennsylvania corporation to recover a debt for goods sold and delivered here. The only defence is a discharge in insolvency under our statutes, which of course commonly is no defence at all. This was reaffirmed unanimously in 1890, after full consideration of the objections now urged, and it was decided, also, not for the first time, that the general language' of the insolvent law was not intended to affect access to Massachusetts courts by a local rule of procedure unless the substantive right was barred by the discharge. Phoenix National Bank v. Batcheller, 151 Mass.…
2Cases cited20 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Ogden v. SaundersSupreme Court of the United States · 1827
- Shaw v. Quincy Mining Co.Supreme Court of the United States · 1892
- Southern Pacific Co. v. DentonSupreme Court of the United States · 1892
- Baldwin v. HaleSupreme Court of the United States · 1864
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3Cited by13 opinions
- State v. Garford Trucking, Inc.Supreme Court of New Jersey · 1950
- New York Life Insurance v. PikeSupreme Court of Colorado · 1911
- Commonwealth v. RutherfoordSupreme Court of Virginia · 1933
- Smith v. Illinois Adjustment Finance Co.Appellate Court of Illinois · 1945
- Kennedy v. KennedyMassachusetts Appeals Court · 1980
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