Tappan v. Poor
Massachusetts Supreme Judicial Court
The declaration was in assumpsit, and contained three counts. The first charged the defendants, merchants of Baltimore, in the state of Maryland, as acceptors of a bill of exchange for 2250 dollars, drawn on them by the plaintiff, a merchant of Boston. The second was on another bill for 2119 dollars 19 cents, drawn and accepted as the first. Both bills were alleged to be drawn on the 10th of July, 1816, and accepted on the same day.
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The declaration was in assumpsit, and contained three counts. The first charged the defendants, merchants of Baltimore, in the state of Maryland, as acceptors of a bill of exchange for 2250 dollars, drawn on them by the plaintiff, a merchant of Boston. The second was on another bill for 2119 dollars 19 cents, drawn and accepted as the first. Both bills were alleged to be drawn on the 10th of July, 1816, and accepted on the same day. The third count was for 5000 dollars, had and received by the defendants for the use of the plaintiffs. The action was commenced on the 21st of December, 1816.…
1Opinion of the CourtParker, C. J.
By the laws of Maryland, recited in the defendants’ pleas in bar, it is made a condition of the discharge of an insolvent debtor, under those laws, that he should by deed convey all his property and effects to the trustee, to the use of his creditors. The replication to the † second plea avers that the defendant Poor was seised of two estates in Boston, in right of his wife, which he had not conveyed to the trustee; and this is admitted by the demurrer.† The legal conclusion is, that he has not complied with the .terms of the laws of which he claims the benefit; so that his discharge is no…
Also in this document: Per curiam.
2Cases cited2 opinions
- Baker v. WheatonMassachusetts Supreme Judicial Court · 1809
- Watson v. BourneMassachusetts Supreme Judicial Court · 1813
3Cited by9 opinions
- Blanchard v. RussellMassachusetts Supreme Judicial Court · 1816
- Higgins v. Central New England & Western RailroadMassachusetts Supreme Judicial Court · 1892
- Andrews v. HerriotNew York Supreme Court · 1825
- Hancock National Bank v. EllisMassachusetts Supreme Judicial Court · 1898
- Watson v. BourneMassachusetts Supreme Judicial Court · 1813
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