President &c. of Mechanics' & Farmers' Bank v. Capron
New York Supreme Court
THIS was an action of assumpsit on a promissory note drawn by J. J. Lansing <§• H. Lansing, dated the 27th of October, 1813, for 400 dollars, with interest, payable to the defendant, four years after date, and endorsed by him. The cause was tried at the Albany circuit, in April, 1818. The signature of the makers and endorser, demand of payment and notice to the endorser and protest for nonpayment on the ,30th of October, 1817, were proved.
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THIS was an action of assumpsit on a promissory note drawn by J. J. Lansing <§• H. Lansing, dated the 27th of October, 1813, for 400 dollars, with interest, payable to the defendant, four years after date, and endorsed by him. The cause was tried at the Albany circuit, in April, 1818. The signature of the makers and endorser, demand of payment and notice to the endorser and protest for nonpayment on the ,30th of October, 1817, were proved. The defendant gave in evidence his discharge, as an insolvent, granted by the recorder of Albany, on the 6 th of May, 1817. The defendant also proved that…
1Per curiam
The only question in this case is, whether the defendant’s discharge under the insolvent act, exonerates him from his liability as endorser of the note on which this suit is brought. The note was drawn by J. J. & H Lansing dated the 27th of October, 1813, and payable four years after date. It fell due, and was protested, on the 30th of October, 1817, and the defendant was discharged under the insolvent act on the 6th of May, 1817.
In the case of Frost v. Carter, (1 Johns. Cas. 73.) it was held, that a discharge under the insolvent act extended only, to such debts as were due at the time of the…
2Cases cited1 opinion
- Frost v. CarterNew York Supreme Court · 1799
3Cited by3 opinions
- In re AdamsNew York Court of Common Pleas · 1884
- Doolittle v. SouthworthNew York Supreme Court · 1848
- Zinn v. RittermanThe Superior Court of New York City · 1867