Smith v. Hill
Massachusetts Supreme Judicial Court
Contract on a judgment against the original defendant, Warren M. Hill, for $4,478 obtained in the Superior Court by the plaintiff on May 2, 1904. Writ dated March 30, 1914. The defendant’s answer set up his discharge in bankruptcy on December 3, 1912, and an authenticated copy of the certificate of discharge was annexed to the answer.
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Contract on a judgment against the original defendant, Warren M. Hill, for $4,478 obtained in the Superior Court by the plaintiff on May 2, 1904. Writ dated March 30, 1914. The defendant’s answer set up his discharge in bankruptcy on December 3, 1912, and an authenticated copy of the certificate of discharge was annexed to the answer. Later, upon the suggestion of the death of the defendant on October 26,1915, the executors of his will were admitted as parties to defend the action. In the Superior Court the case was tried before Aiken, C. J. The plaintiff introduced in evidence a certificate…
1Opinion of the CourtRugg, C. J.
This is an action upon a judgment recovered against Warren M. Hill on May 2, 1904. The defence is a discharge in bankruptcy. After the commencement of this action the defendant died and the defence is conducted by his executors. The plaintiff introduced evidence that the judgment was unsatisfied and rested. The defendants introduced a certified copy of the discharge of Warren M. Hill granted on December 3, 1912, and rested. The plaintiff then showed in rebuttal a certified copy of the schedule of creditors in bankruptcy filed by Warren M. Hill, in which the name of the plaintiff did not…
2Cases cited20 opinions
- Birkett v. Columbia BankSupreme Court of the United States · 1904
- Kreitlein v. FergerSupreme Court of the United States · 1915
- Carroll v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1909
- Wylie v. MarinofskyMassachusetts Supreme Judicial Court · 1909
- Hughes v. WilliamsMassachusetts Supreme Judicial Court · 1918
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- Commonwealth v. TaylorMassachusetts Supreme Judicial Court · 1981
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