Clark v. Cousins

Supreme Judicial Court of Maine

Clark v. Cousins

65 Me. 42, 1876 Me. LEXIS 9

DecidedApril 10, 1876

StatusPublished

This text of 65 Me. 42 (Clark v. Cousins) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Clark v. Cousins, 65 Me. 42, 1876 Me. LEXIS 9 (Me. 1876).

Pincite

Opinion

Virgin, J.

The case finds that the note in suit was given by the defendant to the plaintiff while they were both inhabitants of the state of Nevada; that the discharge in insolvency was regularly granted under the laws of that state while the parties were yet citizens thereof; and that the discharge includes the note. This is a legal defense to the suit in this state, (Stone v. Tibbetts, 26 [43]*43Maine, 110,) notwithstanding the subsequent change of residence of the defendant. Fetch v. Bugbee, 48 Maine, 9.

Exceptions sustained.

Default to be stricken off.

Case to stand for trial.

Appleton, C. J., Walton, Barrows, Daneorth and Peters, JJ.„ concurred.

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Virgin, J.

The case finds that the note in suit was given by the defendant to the plaintiff while they were both inhabitants of the state of Nevada; that the discharge in insolvency was regularly granted under the laws of that state while the parties were yet citizens thereof; and that the discharge includes the note. This is a legal defense to the suit in this state, (Stone v. Tibbetts, 26 [43]*43Maine, 110,) notwithstanding the subsequent change of residence of the defendant. Fetch v. Bugbee, 48 Maine, 9.

Exceptions sustained.

Default to be stricken off.

Case to stand for trial.

Appleton, C. J., Walton, Barrows, Daneorth and Peters, JJ.„ concurred.

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Bluebook (online)

65 Me. 42, 1876 Me. LEXIS 9, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clark-v-cousins-me-1876.