Morgan v. Wordell
Massachusetts Supreme Judicial Court
Contract by a trustee in bankruptcy to recover $607 for goods sold and delivered by the bankrupt to the defendant. Writ dated May 29, 1900. The defendant filed an answer and declaration in set-off, alleging that the bankrupt owed him $638.48 for money paid for his use and benefit.
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Contract by a trustee in bankruptcy to recover $607 for goods sold and delivered by the bankrupt to the defendant. Writ dated May 29, 1900. The defendant filed an answer and declaration in set-off, alleging that the bankrupt owed him $638.48 for money paid for his use and benefit. The case was heard in the Superior Court upon the following agreed facts: The defendant Wordell was a copartner with Michael J. Dillon and Thomas C. McGuire, engaged in the dry goods business at Fall River under the firm name of Wordell, Dillon and McGuire. The partnership was dissolved by mutual consent on October…
1Opinion of the CourtHolmes, C. J.
This is a suit by a trustee in bankruptcy against a debtor of the bankrupt. The debtor claims a set-off on the ground that since the bankruptcy he has paid debts due from a former partnership consisting of himself, the bankrupt and one McGuire, from'which debts the bankrupt had covenanted to save bis partners harmless. It is objected that the covenant runs to the two other partners jointly,' but it is sufficiently plain that there are several covenants to each. The more serious objection is that the principal debt paid is one which has been disallowed by final judgment when offered by the…
2Cases cited4 opinions
- Partridge v. The Insurance CompanySupreme Court of the United States · 1873
- Day v. Worcester, Nashua, & Rochester RailroadMassachusetts Supreme Judicial Court · 1890
- Fisher v. TifftMassachusetts Supreme Judicial Court · 1879
- Marks v. BarkerU.S. Circuit Court for the District of Pennsylvania · 1804
3Cited by21 opinions
- Swarts v. SiegelCourt of Appeals for the Eighth Circuit · 1902
- Cunningham v. Commissioner of BanksMassachusetts Supreme Judicial Court · 1924
- In re Pettingill & Co.District Court, D. Massachusetts · 1905
- Cotting v. Hooper, Lewis & Co.Massachusetts Supreme Judicial Court · 1915
- Dunbar v. DunbarMassachusetts Supreme Judicial Court · 1901
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