Harrington v. McNaughton
Supreme Court of Vermont
Debt upon a judgment recovered at the December Term, 1842, of Bennington county court, and which the plaintiff averred, in his declaration, was rendered for a debt “then due by the said defendant to the said plaintiff” The defendant pleaded in bar, in substance, that he filed his petition in bankruptcy, under the act of Congress, June 20, 1842; that he was declared a bankrupt August 1, 1842 ; that he obtained his certificate of discharge February 6, 1843 ; and that the debt…
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Debt upon a judgment recovered at the December Term, 1842, of Bennington county court, and which the plaintiff averred, in his declaration, was rendered for a debt “then due by the said defendant to the said plaintiff” The defendant pleaded in bar, in substance, that he filed his petition in bankruptcy, under the act of Congress, June 20, 1842; that he was declared a bankrupt August 1, 1842 ; that he obtained his certificate of discharge February 6, 1843 ; and that the debt in said declaration mentioned was due and owing from the defendant to the plaintiff at the time the defendant was…
1Opinion of the Court
*295The opinion of the court was delivered by
Hall, J.
There does not appear, from the authorities, to be any doubt, but that the bankrupt’s certificate, in England, is a bar to a debt, upon which a judgment has been recovered pending the proceedings in bankruptcy, and before the granting of the certificate, in all cases, where the debt would be otherwise proveable under the commission. Were it not so, it might be in the power of the creditors, by pressing their claims to judgment before the granting of the certificate, to prevent the bankrupt from deriving any benefit from it. It also seems…
2Cited by8 opinions
- Downer v. RowellSupreme Court of Vermont · 1854
- Boynton v. BallIllinois Supreme Court · 1883
- Noyes v. HubbardSupreme Court of Vermont · 1892
- Evarts v. HydeSupreme Court of Vermont · 1878
- Bourne v. MaybinU.S. Circuit Court for the District of Southern Mississippi · 1877
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