James Lynch v. Reynolds
New York Supreme Court
THIS was an action of assumpsit, for money paid by the plaintiff, to the use of the defendant, who pleaded the general issue, with notice of his discharge under the insolvent act, passed the 3d of April, 1801. The cause was ' * * .... tried before Mr. J. Yates, at the New-York sittings, in April, 1818, when a verdict was taken for the plaintiff, subject to the opinion of the Court, on a case containing the following facts: In September, 1807, the defendant bought of D.…
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THIS was an action of assumpsit, for money paid by the plaintiff, to the use of the defendant, who pleaded the general issue, with notice of his discharge under the insolvent act, passed the 3d of April, 1801. The cause was ' * * .... tried before Mr. J. Yates, at the New-York sittings, in April, 1818, when a verdict was taken for the plaintiff, subject to the opinion of the Court, on a case containing the following facts: In September, 1807, the defendant bought of D. Lynch, jun., 173barrels of flour, amounting to 1,161 dollars, at four months credit; and, in about a month thereafter, D. L.…
1Per curiam
The single point in this case is, whether D. Lynch, the elder, after becoming a petitioning creditor, for the discharge of the defendant under the insolvent act, *42and making an affidavit that the defendant was indebted to jjjmj as for s0 much paid for the use of the defendant, could afterwards resort to the plaintiff, and compel him, legally, Pay the money advanced to take up the note drawn by the defendant ? We are of opinion, that the payment made by the plaintiff to D. Lynch, senior, was made in the plaintiff’s own wrong, and that it could not have been enforced at law; and, therefore,…
2Cited by6 opinions
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- Hutchins v. NicholsMassachusetts Supreme Judicial Court · 1852
- Phœnix Cotton Manufacturing Co. v. FullerMassachusetts Supreme Judicial Court · 1862
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