Donnelly v. . Corbett
New York Court of Appeals
Appeal from the general term of the Court of Common Pleas of the city of New York, where a judgment upon a verdict in favor of the plaintiff had been affirmed.
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Appeal from the general term of the Court of Common Pleas of the city of New York, where a judgment upon a verdict in favor of the plaintiff had been affirmed. This was an action brought by the plaintiff as the surviving member of the firm of Donnelly & Hyatt, upon a bond given by the defendants, to discharge an attachment against the goods of the defendant Corbett, as a non-resident debtor. * appeared on the trial, that on the 24th -* March 1837, Corbett, a resident of South Carolina, purchased a bill of goods of the firm of Donnelly & Hyatt, merchants of New York, amounting to $962.62, and…
1Opinion of the Court
*Gardiner, J.
There is some difficulty in ascertaining the precise position occupied by the supreme court of the United States upon the subject of state insolvent laws. We are authorized, I think, to assume, that such laws, when enacted in good faith, are valid, so far as they affect the remedy to enforce the contract. (Sturges v. Crowningshield, 4 Wheat. 122; McMillan v. McNiel; 4 Id. 209; Ogden v. Saunders, 12 Id. 213; Cook v. Moffatt, 5 How. 295.) That they were void, as impairing the obli- * 504 1 £a^on 03^ contrac*s! *whenever they assume to -* discharge the obligation of the debtor, was…
2Cases cited7 opinions
- Ogden v. SaundersSupreme Court of the United States · 1827
- Bank of Columbia v. OkelySupreme Court of the United States · 1819
- Lee v. TillotsonNew York Supreme Court · 1840
- Clay v. SmithSupreme Court of the United States · 1830
- Boyle v. ZacharieSupreme Court of the United States · 1832
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3Cited by10 opinions
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- Percha v. MayorNew York Court of Appeals · 1888
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