Depuy v. Swart
New York Supreme Court
This was an action of assumpsit, tried at the Ulster cir-cult, in April, 1828, before the Hon. James Emott, one of the circuit judges.
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This was an action of assumpsit, tried at the Ulster cir-cult, in April, 1828, before the Hon. James Emott, one of the circuit judges. J ° The declaration was by the plaintiff as hearer of a promissory note made by the defendant; payable to Abraham Robison or bearer, for the sum of $313,50, dated August 8, 1823. The defendant pleaded a discharge obtained by him as an insolvent debtor on the 12th February, 1824, under the act granting relief in cases of insolvency, discharging him from all debts due from him at the time of his assignment, or contracted for before that time, though payable…
1Opinion of the Court
By the Court,
Marcy, J.
It is to be regretted a stipulation was substituted for a part of the pleadings in this case. It is somewhat uncertain what would have been the issue. The plaintiff declares on a promissory note transferred to him by the payee. The defendant interposes a discharge < under the insolvent law of 1813. Here the pleadings stop, and a stipulation is entered into to try the cause on the fact. of a new promise with leave to each party to avail himself of the law arising on the whole case. We are thus left to conjecture what the replication would have been. If it had stated a…
2Cases cited2 opinions
- Bell v. MorrisonSupreme Court of the United States · 1828
- Baker v. WheatonMassachusetts Supreme Judicial Court · 1809
3Cited by38 opinions
- The Ocean National Bank v. . OlcottNew York Court of Appeals · 1871
- Dewey v. . MoyerNew York Court of Appeals · 1878
- Waltermire v. . WestoverNew York Court of Appeals · 1856
- Dusenbury v. . HoytNew York Court of Appeals · 1873
- Henry v. . RootNew York Court of Appeals · 1865
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