Public-domain · open source
OpenJurist

50 Mass. 585

Eddy v. Ames

Massachusetts Supreme Judicial Court

Decided September 15, 1845

Massachusetts Supreme Judicial Court · decided 1845-09-15

Assumpsit by the payee against the drawers of a bill of exchange. At the trial in the court of common pleas, before Ward, J. the plaintiff gave evidence which was sufficient, ■prima facie, to entitle him to a verdict. The defendants offered in evidence a discharge under the insolvent laws of this Commonwealth, granted by a master in chancery on the 6th of November 1844.

Decided 1845-09-15

Shaw, C. J.

¶1The provisions of St. 1844, c. 178, § 1, tooh effect in regard to all proceedings to be had in cases of insolvency pending at the time when it went into operation, viz. April 15th 1844. The courts held, after this statute went into operation, at which alone a discharge can be granted, ran be held only on the second Monday of each month, or by adjournment, from day to day, of a court held on such Mon*587day. Hence, the discharge, which was granted in this case, on the 6th of November 1844, is void, it having been granted at a court not held on the second Monday of that month, nor by adjournment from day to day of a court held on the second Monday of the preceding month. The master had no jurisdiction.

¶2Exceptions overruled.

/50/mass/585 · .json · Public domain