97 Mass. 256 | Mass. | 1867
The plaintiff was a creditor of the firm of Eddy & Bucklin, who resided and carried on their partnership business in the city of Worcester. The partnership was formed in July 1866, and dissolved January 8,1867. By the agreement made at its dissolution, Eddy undertook to assume all its outstanding liabilities, including the outstanding paper for which his partner the defendant Bucklin, had furnished indorsers. The debt sued
These facts seem to us to bring the case exactly within the provisions of St. 1865, c. 113
It is immaterial that the plaintiff and defendant reside in another state. By proving his claim, the plaintiff' consented to share in the distribution of Eddy’s assets upon the terms and conditions which our laws prescribe. Journeay v. Gardner, 11 Cush. 355. Clay v. Smith, 3 Pet. 411.
Judgment for the defendmt.
The St. 1865, c. 113, entitled “An Act relating to the proof of claims against estates of insolvent debtors,” approved by the governor March 30, 1865, is as follows:
§ 1. “ Whenever, upon the dissolution of any copartnership, one or more of the copartners or a new copartnership formed by the addition of new members shall have made an agreement to pay any outstanding debts of such copartnership, or whenever a person or firm in consideration of the receipt or transfer of property shall have made an agreement to pay any outstanding debts of the party from whom such property was received or transferred, and the party agreeing to pay shall have become insolvent, such debts may, if the creditor elect, be proved against the estate of such insolvent debtor or debtors as his or their own debts, and the proof and allowance of any such debt shall be a discharge of the party originally liable therefor.”
§ 2. “ Whenever the original debtor in either of the cases named in the first section of this act shall have been compelled to pay the debt so agreed to be paid, he shall have the same right to prove the amount so paid as the original creditor would have had.”
§ 3. “ This act shall take effect upon its passage.”