The Massachusetts digest Volume 3 ; being a digest of the decisions of the Supreme Judicial Court of Massachusetts from the year 1804 to the year [1869].

 
9781130634563: The Massachusetts digest Volume 3 ; being a digest of the decisions of the Supreme Judicial Court of Massachusetts from the year 1804 to the year [1869].

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1872 Excerpt: ...debt" which can be proved against the individual estate of such stockholder or officer, under St. 1838, c. 163, 3. Bangs v. Lincoln, 10 Gray, 600 (1858); and see 3 Met. 61; 4 Allen, 235; 6 Allen, 681. 21. The payee of a note signed by a firm, may prove the same in insolvency against the makers, although the consideration was money paid by him for the debts of the firm, under an agreement with the creditors of the firm that he would not enforce the payment from the firm until the creditors of the firm were fully paid, but that such amount might remain a "part of the business capital of the firm;" since the payee is not thereby made a partner with the firm. Wall v. Balcom, 9 Gray, 92 (1857). 22. Any binding equity postponing the payee's actual payment until other creditors were paid in full, is no bar to proof of the note, but must be adjudicated in another proceeding. Wail v. Balcom, 9 Gray, 92 (1857). See 9 Met. 23. 23. A note may be proved against an insolvent maker, although a guarantor thereof holds security from the maker, which he declines to surrender. Provident Institution for Savings v. Stetson, 12 Gray, 27 (1858). 9 Gray, 55. 24. A suit against a corporation is not barred merely by proving the claim in insolvency against the corporation under St. 1851, c. 327, and accepting a dividend thereon; the law making 'no provision for a discharge of such corporation. Coburn v. Boston Manufacturing Co. 10 Gray, 243 (1857). See Gen. Sts. c. 118, 113. 25. A claim for goods sold to a firm engaged in purchasing supplies for various manufacturing establishments, whether owned by the partners separately, or third persons, cannot be proved in insolvency against the separate estate of one partner under St. 1838, c. 163, 21, merely...

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