Legal Opinion

Huntington v. Saunders

Massachusetts Supreme Judicial Court

Decided May 20, 1896PublishedCited by 8 opinions

Contract, to recover the amounts of two judgments, the defence to which was a discharge in bankruptcy. Trial in the Superior Court, without a jury, before Mason, C. J., who ruled that the discharge was a bar to the actions, and found for the defendant. The plaintiff alleged exceptions, the nature of which appears in the opinion.

1Opinion of the CourtBarker, J.

A petition in bankruptcy was brought against the defendant Saunders on July 18,1875. On August 17,1875, two suits upon promissory notes were brought against him by the present plaintiff. On October 1,1875, the defendant was adjudi*93coted a bankrupt, and on November 4, 1875, the plaintiff proved in banki-uptcy the notes sued on August 17, 1875. The bankruptcy was suggested in the actions, and they were from time to time continued until July 3, 1877, when the defendant’s default was entered in each action. On July 6, 1877, an agreement of counsel was filed, reciting that “ the above entitled…

2Cases cited3 opinions

  1. Davis v. WakeleeSupreme Court of the United States · 1895
  2. Boynton v. BallSupreme Court of the United States · 1887
  3. Bradford v. RiceMassachusetts Supreme Judicial Court · 1869

3Cited by8 opinions

  1. Badger v. Jordan Marsh Co.Massachusetts Supreme Judicial Court · 1926
  2. Cavanaugh v. FenleySupreme Court of Minnesota · 1905
  3. Packer v. WhittierCourt of Appeals for the First Circuit · 1899
  4. Standard Oil Co. v. Y-D Supplies Co.Massachusetts Supreme Judicial Court · 1934
  5. Jordan v. McKenzieSupreme Judicial Court of Maine · 1915

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