Frost v. Carter
New York Supreme Court
.The defendant, on. the 3d of January, 1792, gave th,e plaintiff a promissory note for 9209 dollars and'44 cents, payable in 90 days. The plaintiff endorsed the note, and, it was further negotiated. It wás not paid when it became due, arid the defendant was afterwards ' discharged under the irn solvent act. At the time of his discharge, the note belonged ' to one Mercer.
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.The defendant, on. the 3d of January, 1792, gave th,e plaintiff a promissory note for 9209 dollars and'44 cents, payable in 90 days. The plaintiff endorsed the note, and, it was further negotiated. It wás not paid when it became due, arid the defendant was afterwards ' discharged under the irn solvent act. At the time of his discharge, the note belonged ' to one Mercer. Subsequently to the discharge, to wit,.on the 1st of July, 1794, the plaintiff paid 3000 dollars, and took . up the note, and then brought this suit to recover that money back from the defendant. • 1 .
1Opinion of the CourtKent, J.
The . insolvent act of the 21st of March, 1788, in pursuance of which the defendant obtained the discharge which he now sets up imbar of the plaintiff’s right of action, extends the dischargejp such debts,,and' to such debts only; as are due at the time of the assignment of the insolvent’s estate, and to.debts contracted before that time, though payable afterwards. Such debts must be specific and certain sums of money, to which the creditor can make oath as being justly due, or to become due at some specified time; and unless the creditor at the time of the assignment, be able to produce and…
2Cases cited1 opinion
- Ford v. AndrewsNew York Supreme Court · 1832
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- People v. . Metropolitan Surety Co.New York Court of Appeals · 1912
- Roosevelt v. MarkNew York Court of Chancery · 1822
- Murray v. De RottenhamNew York Court of Chancery · 1822
- Andrus v. WaringNew York Supreme Court · 1822
- Roosevelt v. MarkNew York Court of Chancery · 1822
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