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8 Mass. 375

Lothrop v. Tilden

Massachusetts Supreme Judicial Court

Decided October 15, 1851

Massachusetts Supreme Judicial Court · decided 1851-10-15

This was an action of assumpsit against John Tilden, Martin Hayward, and Howard Tilden, upon several promissory notes, signed previous to 1843 by the firm of John Tilden & company, of which the defendants were members. John Tilden pleaded a certificate of discharge obtained under proceedings in insolvency on a petition instituted by him in January, 1844.

Decided 1851-10-15

By the Court.

¶1The discharge of the defendant is a good bar against debts due from the firm, of which he had been a member. Such debts were, strictly speaking, “his debts.” He was liable in solido for them, and his individual property, after paying his separate debts, was applicable in *377insolvency to their payment. They were also provable against his estate, and were within the express terms of St. 1838, c. 163, §§ 7, 21. See Ex parte Yale, 3 P. Wms. 24, note.

¶2The plaintiff having offered no evidence to impeach the discharge, and it being shown by the record of proceedings in insolvency, that the defendant had produced schedules of his debts and assets, there is very clearly no ground, on which the plaintiff can maintain his action.

¶3Exceptions overruled.

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