Kellogg v. Schuyler
New York Supreme Court
Scire facias. The writ suggested that at the October term of this court in 1842 Batchellor recovered judgment against the defendant for $2290,05 in a plea of trespass, and that on the 2d day of December following Batchellor died intestate, and that thereafter administration was granted to the plaintiff; and profert was made of the letters of administration.
Read the full summary
Scire facias. The writ suggested that at the October term of this court in 1842 Batchellor recovered judgment against the defendant for $2290,05 in a plea of trespass, and that on the 2d day of December following Batchellor died intestate, and that thereafter administration was granted to the plaintiff; and profert was made of the letters of administration. The defendant was summoned to shew cause why the plaintiff should not have execution against the defendant upon the recovery. The defendant pleaded that the verdict in the action of Batchellor against him upon which the recovery mentioned…
1Per curiam
A cause of action in trespass is not a debt within the contemplation of the bankrupt act, and is not affected by a bankrupt discharge. The fact that a verdict had been rendered does not alter the case. Until judgment rendered there is no debt which is reached by the discharge. This has been repeatedly held in the English courts, and these cases have been followed here.(a) When the petition was presented in this case there was a verdict, but no judgment, and the discharge operates only upon debts which existed at the time of presenting the petition.
But if the demand had been of a different…
2Cited by26 opinions
- Hun v. . CaryNew York Court of Appeals · 1880
- Clark v. . RowlingNew York Court of Appeals · 1850
- Dresser v. BrooksNew York Supreme Court · 1848
- Campbell v. . PerkinsNew York Court of Appeals · 1853
- Kimpton v. BronsonNew York Supreme Court · 1866
21 more not listed; retrieve them via the Exa API.