Marble v. Grant
Supreme Judicial Court of Maine
On report. Assumpsit on a promissory note for one hundred and seventy-five dollars, dated May 31, 1879, and payable in one year with interest.
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On report. Assumpsit on a promissory note for one hundred and seventy-five dollars, dated May 31, 1879, and payable in one year with interest. At the trial the defendant offered to prove that at the timé the note in suit was given and to induce the defendant to give the same, the plaintiff promised and agreed not to oppose defendant’s application for a discharge in bankruptcy then pending, and that said promise was in part consideration for said note, but the court ruled pro forma that as there was no evidence that the plaintiff had ever proved his claim against the bankrupt, and thereby made…
1Opinion of the CourtLibbey, J.
The note in suit was given in compromise and settlement of a note held by the plaintiff against the firm of Grant, Locke and Company, of which firm the defendant was a partner; and at the time it was given, said firm and each of the partners individually, were in bankruptcy, and the defendant received his discharge June 2, 1879.
The note for which the note in suit was given was embraced in the schedule of the debts of the firm as due the plaintiff; but there was no evidence that he had proved it in bankruptcy.
The defendant offered to prove " that at the time the note in suit was given, and to…
2Cases cited4 opinions
- Blasdel v. FowleMassachusetts Supreme Judicial Court · 1876
- Wiggin v. BushNew York Supreme Court · 1815
- Bell v. . LeggettNew York Court of Appeals · 1852
- Tuxbury v. MillerNew York Supreme Court · 1822
3Cited by2 opinions
- In re LevyCourt of Appeals for the Third Circuit · 1942
- Smith v. LangmaackNorth Dakota Supreme Court · 1930