Stewart v. Emerson
Supreme Court of New Hampshire
Assumpsit, by William Stewart against Dudley B. Emerson, upon the common counts. Writ dated October 10,1866. At the January term, 1869, the defendant pleaded a discharge in bankruptcy, obtained since the last continuance.
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Assumpsit, by William Stewart against Dudley B. Emerson, upon the common counts. Writ dated October 10,1866. At the January term, 1869, the defendant pleaded a discharge in bankruptcy, obtained since the last continuance. At the January term, 1871, the plaintiff filed the following specification: “ This action is brought to recover the amount of the following account: Dudley B. Emerson to William Stewart, Dr., July 23,1866, to 4 pipe Dragon gin, $463.25; cartage, 75 cts.; — September 8, to 2 bbls. Miller’s whiskey, $231; cartage, 75 cents; — total, $694.75.” At the same term the plaintiff…
1Opinion of the Court
Doe, J. I.
The defendant claims that the plaintiff, by this suit upon the contract of sale, affirming the sale, cannot, in this suit, assert the creation of the debt by the fraud of the defendant; that the fraud of the vendee can be set up by the vendor only in an action founded on the fraud. The defendant’s position is, in effect, that when the declaration is on a contract of sale, and the plea is discharge in bankruptcy, the replication of debt created by the defendant’s fraud is bad ; that an issue upon a traverse of such a replication is an immaterial issue, and a trial of such an issue a…
2Cases cited11 opinions
- Nichols v. . PinnerNew York Court of Appeals · 1858
- Mowrey v. WalshNew York Supreme Court · 1828
- Thompson v. RoseSupreme Court of Connecticut · 1844
- Bell v. EllisCalifornia Supreme Court · 1867
- Bidault v. WalesSupreme Court of Missouri · 1853
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3Cited by6 opinions
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- Green v. Southern Poultry CompanySupreme Court of Alabama · 1963
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