Price v. Bray
Supreme Court of New Jersey
On demurrer, &c. Argued at the last term before the Chief Justice, and Carpenter and Randolph, J. J. These were several actions of assumpsit against the same defendant. The declaration in each case contained several counts: one special, setting forth new promises by the defendant, subsequent to his discharge as a bankrupt.
Read the full summary
On demurrer, &c. Argued at the last term before the Chief Justice, and Carpenter and Randolph, J. J. These were several actions of assumpsit against the same defendant. The declaration in each case contained several counts: one special, setting forth new promises by the defendant, subsequent to his discharge as a bankrupt. The defendant in each case pleaded : 1. Non assumpsit. 2. The statute of limitations. 3. Aotio non, because, &c., “ that after the making of the said supposed promises and undertakings and accruing of the said several causes of action in the said declaration mentioned, if…
1Opinion of the CourtCarpenter, J.
We think the replication filed in the first case to the plea of bankruptcy is undoubtedly ill. The fourth section of the bankrupt act of 1841 enacts that a discharge and certificate when duly granted, shall be deemed a full and complete discharge of all debts &c. provable under the act, and may be pleaded as a full bar to all suits, unless impeached for some fraud or wilful concealment by the debtor, of his property. The thirteenth section enacts that the proceedings in cases of bankruptcy shall be deemed matters of record. The decree of bankruptcy therefore is a matter of record, and…
2Cases cited2 opinions
- Lytle v. Lee & RugglesNew York Supreme Court · 1809
- Jenkins v. StanleyMassachusetts Supreme Judicial Court · 1813