Cutter v. Folsom
Superior Court of New Hampshire
Debt on a judgment recovered before the court of common pleas, August term, 1844, for $4,650, debt or damages, and $10 cost. Also to recover $6,000, for divers goods, wares and merchandize, &c.; and also for $6,000, money paid, laid out and expended; also for $6000, money had and received; also for $6,00.0, for certain cargoes of merchandize, goods, wares and chattels, shipped by the plaintiff to the defendants.
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Debt on a judgment recovered before the court of common pleas, August term, 1844, for $4,650, debt or damages, and $10 cost. Also to recover $6,000, for divers goods, wares and merchandize, &c.; and also for $6,000, money paid, laid out and expended; also for $6000, money had and received; also for $6,00.0, for certain cargoes of merchandize, goods, wares and chattels, shipped by the plaintiff to the defendants. The writ was dated July 6, 1842, and entered at the September term, 1842. The property of the defendants having been attached, but no personal service having been made, the action was…
1Opinion of the CourtGilchrist, J.
The act of Congress passed on the 19th ,day of August, 1841, entitled, “ An act to establish a uniform -system of bankruptcy throughout the United States,” provides that all persons residing in any state, district, or territory of the United States, owing debts other than those of the fiduciary character pointed out, who shall, by petition, setting forth a list and description of his creditors and of his property, apply to the proper court, shall be admitted to the benefits for which it provides.
A question raised by the pleadings is, whether the defendant by his plea sufficiently averred that…
2Cases cited3 opinions
- Nelson v. CarlandSupreme Court of the United States · 1843
- Kimball v. WilsonSuperior Court of New Hampshire · 1824
- Johnson v. BallSuperior Court of New Hampshire · 1844