Slidell v. McCrea
New York Supreme Court
This is an action of assumpsit. The declaration contains the usual counts in indebitatus assumpsit for monies lent, had and received, &c. &c.
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This is an action of assumpsit. The declaration contains the usual counts in indebitatus assumpsit for monies lent, had and received, &c. &c. Plea, the general issue, with notice set The cause was tried at the New-York circuit, in December, 1S25. The plaintiff’s demand was proved by the production of certain insolvent papers, in an application by tjie defendant for a discharge as an insolvent debtor, in October, 1822. In the account of creditors then presented by the defendant, the plaintiff is stated to be a creditor. The defendant then produced his discharge as an insolvent debtor under the…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The question in this case is, whether the defendant’s discharge is valid or not. By the first section of the act of 1813, (1 R. L. 460,) no person shall become a petitioning creditor, who may have purchased or procured to be assigned to him, any debt due or to become, due by such insolvent, except for so much only as was actually and bona fide given for the, debt so purchased or procured. By the 13th section of the same act, if the insolvent “shall procure any person to become a petitioning credit- or for any sum not bona fide due from him to such creditor, *163or for…
2Cited by3 opinions
- Small v. GravesNew York Supreme Court · 1850
- Small v. WheatonNew York Court of Common Pleas · 1855
- Wright v. CrawfordNew York Court of Common Pleas · 1859