Honeywell v. Burns
New York Supreme Court
Assumpsit. The defendant being discharged under the act to abolish imprisonment for debt in certain cases after the suit commenced, and pleas pleaded, his attorney served • - . , 7 r , a stipulation on the plaintiffs attorneys not to take advantage of the discharge as a defence in this suit. NotwithStanding this, for the nlaintiff, now moved for leave to * -. . . discontinue Without costs.
1Opinion of the Court
Curia.
The motion must be granted. We do not proceed in cases like this on the idea that the defendant may ^defeat the plaintiff by pleading his discharge; but on his plain inability to pay, evinced by the discharge, on account of insolvency. [1]
Motion granted.
6 Cowen, 422 ; 2 id. 503; 8 id. 121; even although the action be trespass ; (1 Wendell, 191;) or, although the defendant offer to waive his discharge. 1 Hall, 145. The reason of the rule being founded on the conclusive evidence of the poverty of the defendant, afforded by the discharge. 1 Wendell, 92.
*122If) however, tee plaintiff proceed in…
2Cases cited6 opinions
- Murray v. BethuneNew York Supreme Court · 1828
- Champenois v. WhiteNew York Supreme Court · 1828
- Lackey v. M'DonaldNew York Supreme Court · 1803
- Waldron v. GreenNew York Supreme Court · 1830
- AnonymousUnited States Circuit Court · 1808
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Beardsley v. New York, Lake Erie & Western RailroadNew York Court of Appeals · 1900
- Ashworth v. WrigleyThe Superior Court of New York City · 1828
- Chew's AppealSupreme Court of Pennsylvania · 1861
- Beardsley v. . N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1900
- Edgerton v. PageNew York Court of Common Pleas · 1856
2 more not listed; retrieve them via the Exa API.