McCormick v. . Pickering
New York Court of Appeals
McCormick "brought an action of debt in the supreme court against Pickering, on a bond dated Oct. 10,1836, in the penalty of $4000. The defendant pleaded, 1st. Mon est factum. 2d.
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McCormick "brought an action of debt in the supreme court against Pickering, on a bond dated Oct. 10,1836, in the penalty of $4000. The defendant pleaded, 1st. Mon est factum. 2d. A discharge as a bankrupt under the act of congress passed August 19th, 1841. This plea alledged, that on the 2d of February, 1842, the defendant resided in the city of Mew-York within the southern district of Mew-York, and was then owing debts not contracted in consequence of defalcation as a public officer, nor in any other fiduciary capacity, &c. (following the language of the act,) and was then and there a…
1Opinion of the CourtRuggles, J.
The first objection to the defendant’s plea of his discharge in bankruptcy, is, that it does not state the facts necessary to give jurisdiction to the district court of the United States, for the southern district of blew-York, to grant the discharge.
The first section of the bankrupt act of 1841, enables all persons whatsoever, residing in any state, district, or, territory of the United States, owing debts which shall not have been created in consequence of any defalcation as a public officer, or as executor or administrator, guardian or' trustee, or in any other fiduciary capacity, who…
2Cases cited3 opinions
- Service v. HeermanceNew York Supreme Court · 1806
- Marvin v. M'CullumNew York Supreme Court · 1822
- Varnum v. WheelerCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by6 opinions
- White v. WhiteCalifornia Supreme Court · 1890
- Collins v. . CollinsNew York Court of Appeals · 1880
- Broadway Trust Co. v. ManheimNew York Supreme Court · 1905
- Jaffray v. CraneWisconsin Supreme Court · 1880
- Bailey v. KrausCity of New York Municipal Court · 1903
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