Ross v. Tozier

Supreme Judicial Court of Maine
Ross v. Tozier, 78 Me. 312 (Me. 1886)
4 A. 860; 1886 Me. LEXIS 57

Ross v. Tozier

Opinion of the Court

Per Curiam.

It is the opinion of a majority of the justices of this court that a debt due upon a contract existing at the time of the passage of the insolvent law of this state, is not barred by a discharge under the law, notwithstanding a judgment has *313been obtained upon the debt in a suit commenced subsequent to the passage of the law; that to hold otherwise would conflict with the federal constitution in this, that it would impair the obligation of a contract. True, there are decisions to the contrary; but it is the opinion of a majority of the court that principle and the weight of authority are in accord with the conclusion here announced.

Reference

Full Case Name
Frank M. Ross v. Charles M. Tozier
Status
Published