Smith v. Smith
New York Supreme Court
This was an action of assumpsit. The declaration contained two counts; for money lent, and for money paid, laid out and expended, for the use of the defendant, : , ....... -nit i •' by the • intestate m his life-time, at mendon, to wit, at HerTcemer, in the county of HerTcemer.
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This was an action of assumpsit. The declaration contained two counts; for money lent, and for money paid, laid out and expended, for the use of the defendant, : , ....... -nit i •' by the • intestate m his life-time, at mendon, to wit, at HerTcemer, in the county of HerTcemer. The defendant pleaded non-assumpsit, and the statute of limitations, and also gave notice, that he should offer in evidence at the trial, under the first plea, the discharge of the defendant x ® from all his debts, under an act of insolvency of the general assembly of Rhode-Island, the 27th January, 1797. The cause was…
1Opinion of the CourtThompson, J.
The material questions presented by this case are, whether the note or instrument in writing-, was admissible evidence in support of the money counts the decía-*240ration; and whether the defendant’s discharge under the insolvent act in Rhodc-Islahd is a bar to the present suit.
1. It would, I think, be a sufficient answer to the first question, that no objection was made upon the trial to the competency of this evidence. Independent of this circumstance, however, the testimony, in my judgment, was admissible in support of the money counts. The note is not for the payment of money, absolutely, and…
2Cases cited1 opinion
- Van Raugh v. Van ArsdalnNew York Supreme Court · 1805
3Cited by39 opinions
- Hibernia National Bank v. . LacombeNew York Court of Appeals · 1881
- Cox and Dick v. United StatesSupreme Court of the United States · 1832
- Stanton v. New York & Eastern Railway Co.Supreme Court of Connecticut · 1890
- Le Roy v. CrowninshieldU.S. Circuit Court for the District of Massachusetts · 1820
- M'millan v. M'neillSupreme Court of the United States · 1819
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