Hinkley v. Marean
U.S. Circuit Court for the District of Massachusetts
Assumpsit on a bill of exchange, drawn at Boston on the 12th of April, 1S19, on the-defendant [Thomas Marean], at Baltimore, for $2000, payable in sixty days to the plaintiff [David Hinkley], (an inhabitant of Boston), and accepted by the defendant at Baltimore on the 17th of April.
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Assumpsit on a bill of exchange, drawn at Boston on the 12th of April, 1S19, on the-defendant [Thomas Marean], at Baltimore, for $2000, payable in sixty days to the plaintiff [David Hinkley], (an inhabitant of Boston), and accepted by the defendant at Baltimore on the 17th of April. The declaration alleged a breach by non-payment The principal pleas were founded on the statutes of insolvency of Maryland of 1805 and 1809, whereby the defendant being then an inhabitant of Maryland, and entitled to the benefit of the acts, was, on the 3d of September, 1819, duly discharged and his property…
1Opinion of the Court
STORY, Circuit Justice.
My opinion is, that the pleas of the acts of insolvency of Maryland, set forth by the defendant, are bad in point of law, and offer no defence to the suit So far as these acts purport to discharge the contract, it is sufficient to say, that they are void, falling directly within the authority of Sturgis v. Crowninshield, 4 Wheat [17 U. S.] 122. So far as they authorize a discharge of the person, estate, or effects of the insolvent before the 3d of September 1S19, they are merely local, and can have no authority here. They are addressed to the lex fori. The present suit…
2Cases cited3 opinions
- Pearsall v. DwightMassachusetts Supreme Judicial Court · 1806
- White v. CanfieldNew York Supreme Court · 1810
- Smith v. BrownSupreme Court of Pennsylvania · 1810
3Cited by7 opinions
- Pearsall v. DwightMassachusetts Supreme Judicial Court · 1806
- Watson v. BourneMassachusetts Supreme Judicial Court · 1813
- Belmont v. CornenSupreme Court of Connecticut · 1880
- Ex parte LafontaSupreme Court of Louisiana · 1842
- Wood v. MalinSupreme Court of New Jersey · 1828
2 more not listed; retrieve them via the Exa API.