Legal Opinion

Baker v. Wheaton

Massachusetts Supreme Judicial Court

Decided October 15, 1809PublishedCited by 38 opinions

This was an action of assumpsit upon a promissory note made by the defendant, payable to one Benjamin T. Chandler or his order, and by him endorsed to the plaintiff.

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This was an action of assumpsit upon a promissory note made by the defendant, payable to one Benjamin T. Chandler or his order, and by him endorsed to the plaintiff. The defendant pleaded in bar the several insolvent acts of the state of Rhode Island, and that he was discharged pursuant to those acts, stating particularly all the proceedings under them, [*510], and he avers that at the *time of the said discharge, and long before and after, the property of said note was in the said Chandler; that he and the said Chandler then, and long before were, and now are, citizens and inhabitants of the…

1Opinion of the Court

The cause stood continued nisi, and at the succeeding March term, at Boston, the opinion of the Court was given by

* Parsons, C. J.

From the pleadings in this case, [*511] two questions arise ; whether a discharge of the defendant, pursuant to the insolvent acts of Rhode Island, admitting the same to have been obtained fairly and without fraud, is a bar to this action sued by the endorsee of the note; — and if it is, whether the facts disclosed in the replication will avoid the discharge, as having been fraudulently obtained.

As to the first question, it may be remarked that when the con tract was…

2Cases cited4 opinions

  1. Ogden v. SaundersSupreme Court of the United States · 1827
  2. Le Roy v. CrowninshieldU.S. Circuit Court for the District of Massachusetts · 1820
  3. Watson v. BourneMassachusetts Supreme Judicial Court · 1813
  4. Walsh v. FarrandMassachusetts Supreme Judicial Court · 1816

3Cited by38 opinions

  1. Ogden v. SaundersSupreme Court of the United States · 1827
  2. Blanchard v. RussellMassachusetts Supreme Judicial Court · 1816
  3. The Ocean National Bank v. . OlcottNew York Court of Appeals · 1871
  4. Andrews v. HerriotNew York Supreme Court · 1825
  5. Waltermire v. . WestoverNew York Court of Appeals · 1856

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