¶1The only question in this case is, whether an action by an assignee in bankruptcy to collect a debt due to the estate must be brought within two years from the time when the cause of action accrued to the assignee. According to the construction which has been given to the U. S. Rev. Sts. § 5057, by the Supreme Court of the United States, it must be; and the present action is therefore barred. Bailey v. Glover, 21 Wall. 342. Gifford v. Helms, 98 U. S. 248. See also Walker v. Towner, 4 Dill. 165; Upton v. McLaughlin, 105 U. S. 640; French v. Merrill, 132 Mass. 525. Exeeftions overruled.
134 Mass. 21
Ross v. Wilcox
Massachusetts Supreme Judicial Court
Decided January 3, 1883
Massachusetts Supreme Judicial Court · decided 1883-01-03
Contract upon an account annexed, by the assignee in bankruptcy of John Hood, for goods sold and delivered by the bankrupt to the defendant. Writ dated September 13, 1881. Answer: 1. A general denial. 2. The statute of limitations, U. S. Rev. Sts. § 5057.
Relies on Bailey Assignee v. Glover et al. · Upton v. McLaughlin · Gifford v. Helms
Good law ✅— No negative treatment on recordhow we know
Decided 1883-01-03
How this case has been cited
Cited by 3 later decisions — most recently March 1940
3 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
View the full empirical analysis of this case →