Crafts v. Mott
New York Supreme Court
Motion by the plaintiff to set aside the report of a referee. The action was debt on an agreement under seal, brought in this court to recover money paid by the plaintiff to the defendant. The declaration was in the ordinary form in debt on the contract, adding the money counts.
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Motion by the plaintiff to set aside the report of a referee. The action was debt on an agreement under seal, brought in this court to recover money paid by the plaintiff to the defendant. The declaration was in the ordinary form in debt on the contract, adding the money counts. The plea was the general issue of nil debet with a special plea to the whole declaration, setting up the defendant’s discharge under the bankrupt act, on the 6th of July, 1843; his petition having been presented on the 27th of January, 1843. The plaintiff replied, admitting the discharge, but alleging that the cause…
1Opinion of the Court
By the Court, Allen, J,
Many of the earlier decisions of the English courts, some of which are relied upon by the plaintiff, are no longer authority as evidence of the law, either in England or in this country. In England the bankrupt acts were from time to time modified and amended so as to provide, for many of the difficulties, and relieve from many of the *309hardships, suggested by these very decisions. And the late bankrupt act of the United States embraced most of the amendments and modifications of the English acts in relation to debts provable under the commission. By the act of 7 Geo. 1,…
2Cases cited2 opinions
- Stinemets v. AinslieNew York Supreme Court · 1847
- Morse v. HoveyNew York Court of Chancery · 1846
3Cited by2 opinions
- Fernald v. ClarkSupreme Judicial Court of Maine · 1892
- Tobias v. RogersNew York Supreme Court · 1850