Barber v. Winslow
New York Supreme Court
Error from the Columbia common pleas. Winslow sued Barber in a justice’s court on a promissory note, dated 6th December, 1828, payable three days after date. The defendant pleaded the general issue, and gave notice of his discharge under the act for giving relief in cases of insolvency, passed April 12th, 1813, granted by a commission, ex officio, oí the county of Albany, on the 5th September, 1829, and exhibited his discharge.
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Error from the Columbia common pleas. Winslow sued Barber in a justice’s court on a promissory note, dated 6th December, 1828, payable three days after date. The defendant pleaded the general issue, and gave notice of his discharge under the act for giving relief in cases of insolvency, passed April 12th, 1813, granted by a commission, ex officio, oí the county of Albany, on the 5th September, 1829, and exhibited his discharge. On the trial of the cause, after the plaintiff had rested, the defendant offered to read his discharge (which was duly authenticated) in evidence, which was objected…
1Opinion of the Court
By the Court,
Nelson, J.
1 am wholly unable, after a critical examination of this case and of the elaborate arguments accompanying it, to distinguish it from that of Jenks v. Stebbins, 11 Johns. R. 224. Mr. Justice Spencer there referred to the cases of Morgan v. Dyer, 10 Johns. R. 161, Frary v. Dakin, 7 id. 75, and Service v. Hermance, 1 id. 91, in which the rule is distinctly recognized (and he forfeited it by citing other cases) that in pleading a discharge under our insolvent laws, as in pleading the judgment of a court of special and limited jurisdiction, it is indispensible to set forth…
2Cases cited1 opinion
- Wheeler v. TownsendNew York Supreme Court · 1829
3Cited by33 opinions
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- Wakeman v. . WilburNew York Court of Appeals · 1895
- Campbell v. Wyoming Development Co.Wyoming Supreme Court · 1940
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