Wyman v. Fabens
Massachusetts Supreme Judicial Court
Contract by the administrator de bonis non of Isaac Wyman against the administrator of Jonathan Brown. Writ dated February 9, 1860. The declaration alleged that Jonathan Brown about 1832 made a promissory note for $210.16, payable on demand to the plaintiff’s intestate or order, with interest annually, “ a copy of which is not given because said instrument is not in the plaintiff’s power, and the same is lost or destroyed, as the plaintiff believes ”; that on March 12, 1844,…
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Contract by the administrator de bonis non of Isaac Wyman against the administrator of Jonathan Brown. Writ dated February 9, 1860. The declaration alleged that Jonathan Brown about 1832 made a promissory note for $210.16, payable on demand to the plaintiff’s intestate or order, with interest annually, “ a copy of which is not given because said instrument is not in the plaintiff’s power, and the same is lost or destroyed, as the plaintiff believes ”; that on March 12, 1844, upon demand of Elizabeth Wyman, who was then the administratrix of Isaac Wyman, Jonathan Brown “ promised anew to pay…
1Opinion of the CourtWells, J.
The single question before us is whether the demand in suit is barred by the defendant’s discharge in insolvency.
It is a personal obligation, and not within the provisions of the' St. of 1844, c. 178, § 3, Gen. Sts. c. 118, § 79, excepting debts created by defalcation as trustee or administrator.
The only ground, relied on at the argument, to avoid the bar, is that the debt was originally contracted in 1833; the present note having been taken in renewal, and not as payment of those previously held. The debtor is discharged only from such debts as are “ founded on any contract made by him…
2Cases cited5 opinions
- Maddox v. Graham & KnoxCourt of Appeals of Kentucky · 1859
- Byers v. Franklin Coal Co.Massachusetts Supreme Judicial Court · 1870
- Bradford v. RiceMassachusetts Supreme Judicial Court · 1869
- Lexington & Danville Railroad v. BarbeeCourt of Appeals of Kentucky · 1858
- Hooker v. HubbardMassachusetts Supreme Judicial Court · 1867
3Cited by10 opinions
- Frost v. ThompsonMassachusetts Supreme Judicial Court · 1914
- Stebbins v. North Adams Trust Co.Massachusetts Supreme Judicial Court · 1922
- Rosenberg v. RobbinsMassachusetts Supreme Judicial Court · 1935
- Barber v. RathvonMassachusetts Supreme Judicial Court · 1925
- Moore v. Justices of the Municipal CourtMassachusetts Supreme Judicial Court · 1935
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