Legal Opinion

White v. Canfield

New York Supreme Court

Decided November 15, 1810PublishedCited by 9 opinions

THIS was an action of debt on a judgment in the superior court of the state of Connecticut, of February term, 1308, for 100 dollars damages, and 50 dollars and 96 cents costs.

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THIS was an action of debt on a judgment in the superior court of the state of Connecticut, of February term, 1308, for 100 dollars damages, and 50 dollars and 96 cents costs. The defendant pleaded ; 1. Mil debet; 2. Reciting the insolvent act of Connecticut, by which the insolvent may petition the supreme court, and assign over his property j and commissioners, appointed by the court, are audiorized, on his making a full and iust disclosure and as- ° J signment, to grant him a certificate, which shall operate . tl • c ‘ to protect Jus person irom arrest and imprisonment, lor any debt due to…

1Per curiam

The certificate granted to the defendant,, in Connecticut, was not a discharge from the debt, but only from imprisonment. It was, therefore, limited in its object, and. local in its effect. The- case of James v. Allen, (1 Dallas, 188.) is analogous; a discharge from imprisonment’ in New-Jersey- was held- to- be no bar to, a suit on the same demand in Pennsylvania.- It- is clearly no bar to an action here upon the judgment.

In the case of Smith v. Spinolla, (2 Johns. Rep. 198.) it was decided, that though it be shown that the body of. the defendant could not be arrested in- the foreign state,…

2Cited by9 opinions

  1. Andrews v. HerriotNew York Supreme Court · 1825
  2. Le Roy v. CrowninshieldU.S. Circuit Court for the District of Massachusetts · 1820
  3. Belmont v. CornenSupreme Court of Connecticut · 1880
  4. Whittemore v. AdamsNew York Supreme Court · 1824
  5. Hinkley v. MareanU.S. Circuit Court for the District of Massachusetts · 1822

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