Sherrill v. Hopkins
New York Supreme Court
Debt upon a bond, from Hopkins to the plaintiff’s intestate, dated April 12th, 1806, alledged in the declaration to have been executed at Canaan, viz. at Ithica, in the county of Tompkins, where the venue was laid. The 2d plea was as A ' A follows : “ And for further plea, &c. (habere non debet,
1Opinion of the Court
Curia, per Sutherland, J.
The question, presented by this demurrer, is, whether a discharge, under our insolvent act, of April 3, 1801, which not only liberates the person of the debtor, but discharges him from all liability for the debt, is a good plea, in bar to a suit upon a bond, executed in this state, in 1806, the obligor and the obligee being, at the time of giving the bond, citizens and inhabitants of another state. Anterior to the cases of Sturges v. Crovminshield, and McMillan v. McNeil, in the Supreme Court of the United States,(c) the validity of such a discharge could not have…
2Cases cited6 opinions
- Harrison v. SterrySupreme Court of the United States · 1809
- Slacum v. PomerySupreme Court of the United States · 1810
- Smith v. SmithNew York Supreme Court · 1807
- Lanusse v. BarkerSupreme Court of the United States · 1818
- In re WendellNew York Supreme Court · 1821
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3Cited by25 opinions
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- Curtis v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1878
- Eaton v. HastyNebraska Supreme Court · 1877
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