Ward v. Jenkins
Massachusetts Supreme Judicial Court
This was an action of covenant broken, brought by the assignee of Thomas Cushing, a bankrupt, on a covenant made by the defendants with said Cushing, on the 21st of August 1835. The defendants moved the court to quash the writ and declaration, “ because it appears by the said writ and declaration that the said Joshua H. Ward brings this suit as assignee, under the late bankrupt law of the United States, of Thomas Cushing, a bankrupt, upon a covenant alleged to have been made…
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This was an action of covenant broken, brought by the assignee of Thomas Cushing, a bankrupt, on a covenant made by the defendants with said Cushing, on the 21st of August 1835. The defendants moved the court to quash the writ and declaration, “ because it appears by the said writ and declaration that the said Joshua H. Ward brings this suit as assignee, under the late bankrupt law of the United States, of Thomas Cushing, a bankrupt, upon a covenant alleged to have been made by said defendants to said Cushing, before his bankruptcy; and that such a suit is only cognizable by the circuit and…
1Opinion of the CourtDewey, J.
The question raised in the present case is, whether the assignee of a bankrupt under the United States bankrupt law of 1841, c. 9, can maintain an action in the state courts of Massachusetts, in his own name, as such assignee, upon a contract under seal, made by the defendants with the bankrupt before his bankruptcy. The defendants insist that such action cannot be maintained; and this position they attempt to support upon two grounds. 1st. Upon general principles of constitutional law applicable to the jurisdiction of state courts in matters arising under statutes enacted by the congress of…
2Cases cited6 opinions
- Ex Parte City BankSupreme Court of the United States · 1844
- United States v. LathropNew York Supreme Court · 1819
- Barstow v. AdamsSupreme Court of Connecticut · 1805
- Brown v. CumingNew York Supreme Court · 1804
- Cornwell's AppealSupreme Court of Pennsylvania · 1844
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Ex Parte GounisSupreme Court of Missouri · 1924