Rose v. Briggs
New York Supreme Court
Demurrer to replication. The declaration was for goods sold and delivered, money, lent, &c. and the other money counts ; the day of indebtedness being laid on the 1st January, 1829. The defendant pleaded a discharge, obtained under the act to abolish imprisonment for debt in certain cases, stating that after the making of the several promises and undertakings in the declaration mentioned, to wit, on the 16th November, 1827, he presented his petition to a proper officer,…
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Demurrer to replication. The declaration was for goods sold and delivered, money, lent, &c. and the other money counts ; the day of indebtedness being laid on the 1st January, 1829. The defendant pleaded a discharge, obtained under the act to abolish imprisonment for debt in certain cases, stating that after the making of the several promises and undertakings in the declaration mentioned, to wit, on the 16th November, 1827, he presented his petition to a proper officer, praying that his estate might be assigned for the benefit of all his creditors, and that his person might forever thereafter…
1Opinion of the Court
By the Court. The ground of demurrer is, that the replication tenders an immaterial issue. This might be so, if the provisions of the act to abolish imprisonment for debt in certain cases, Laws of 1819, p. 115, were like those of the act for giving relief in cases of insolvency, 1 R. L. 460, in relation to the debts upon which they operate. A discharge under the latter act reaches only such debts as were in existence at the time of presenting the petition, McNeily v. Richardson, 4 Co wen, 607; but a discharge under the former act exempts from imprisonment for, or by reason of any debt or…
2Cited by1 opinion
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