Weld v. Locke
Superior Court of New Hampshire
Assumpsit, for money bad and received. Plea, that the cause of action was a debt, owing by the defendant, February 14, 1842; that on that day lie was a citizen and resident in the district of New-Hampsbire, and applied to be admitted to the benefit of the bankrupt act, and was declared a bankrupt; and that November 21, 1842, it was decreed by tbe court that he be fully discharged from all his debts.
Read the full summary
Assumpsit, for money bad and received. Plea, that the cause of action was a debt, owing by the defendant, February 14, 1842; that on that day lie was a citizen and resident in the district of New-Hampsbire, and applied to be admitted to the benefit of the bankrupt act, and was declared a bankrupt; and that November 21, 1842, it was decreed by tbe court that he be fully discharged from all his debts. The plaintiff replied, “that in the proceedings of the defendant, in obtaining the supposed decree, the defendant was guilty of fraud, and of.the wilful concealment of his property and rights of…
1Opinion of the CourtParker, C. J.
Unless fraud and the wilful concealment of property and the rights of property can be regarded as substantially the same thing, this rejoinder is bad, in attempting to put in issue several distinct matters, each of which would form the subject of a material issue. But fraud and the wilful concealment of property cannot be regarded as identical. It is true that the wilful concealment of property may be fraudulent, but the allegation of fraud may cover much more than that. Under that allegation the plaintiff might prove acts entirely disconnected from the wilful concealment of property, while…
2Cases cited3 opinions
- Smith v. KnowltonSuperior Court of New Hampshire · 1840
- Gorrill v. WhittierSuperior Court of New Hampshire · 1825
- Robinson v. Marine Insurance Co.New York Supreme Court · 1806