Smith v. Wheeler
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Orrin W. Smith, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county, of Delaware on the 31st day of January, 1900, upon the decision of the court rendered after a trial before the court without a jury at the Delaware Trial Term dismissing the complaint upon the merits.
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Appeal by the plaintiff, Orrin W. Smith, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county, of Delaware on the 31st day of January, 1900, upon the decision of the court rendered after a trial before the court without a jury at the Delaware Trial Term dismissing the complaint upon the merits. On the 19th of November, 1896, the defendant executed and delivered to the plaintiff, his promissory note dated that day for $550.19, payable to the order of plaintiff four months from the date thereof at the Delaware National Bank. The note…
1Opinion of the Court
Merwin, J.:
The question here is whether the discharge is a bar to the claim •of the plaintiff.
A discharge in bankruptcy releases a bankrupt from all of his provable debts, with certain exceptions not important here. (Bankrupt Act of 1898, 30 U. S. Stat. at Large, 550, chap. 541, § 17.) If the claim of the plaintiff was a provable debt within the meaning of the Bankrupt Act, then the discharge is a bar.
By subdivision i of section 57 of the act it is provided as follows : “ Whenever a creditor, whose claim against a bankrupt estate .is secured by the individual undertaking of any person, fails…
2Cases cited2 opinions
- Timothy L. MacE in Error v. Jared WellsSupreme Court of the United States · 1848
- Hunt v. TaylorMassachusetts Supreme Judicial Court · 1871
3Cited by6 opinions
- In Re KenistonUnited States Bankruptcy Court, D. New Hampshire · 1988
- Manheim v. LoeweAppellate Division of the Supreme Court of the State of New York · 1918
- Calmenson v. MoudrySupreme Court of Minnesota · 1917
- Johnson v. FountainSupreme Court of North Carolina · 1931
- Johnson v. . FountainSupreme Court of North Carolina · 1931
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