Gardner v. Lee
New York Supreme Court
The questions in this case arose upon a demurrer to the complaint. It appeared from the complaint that in October or November, 1847, one Charles D. Gibson was indebted to the plaintiff in large sums of money specified therein, and that during those months, and while such indebtedness existed, the said Gibson was a resident of the city of Boston, and the plaintiff drew five bills of exchange upon him, payable to the order of the defendant’s cashier, which were duly accepted…
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The questions in this case arose upon a demurrer to the complaint. It appeared from the complaint that in October or November, 1847, one Charles D. Gibson was indebted to the plaintiff in large sums of money specified therein, and that during those months, and while such indebtedness existed, the said Gibson was a resident of the city of Boston, and the plaintiff drew five bills of exchange upon him, payable to the order of the defendant’s cashier, which were duly accepted by Gibson at Boston, and when they became due they were protested for nonpayment. That on the tenth day of January, 1850,…
1Opinion of the Court
By the Court,
Hoyt, J.
It appears by the insolvent laws of Massachusetts, which are set out in the complaint, among other things, that all debts due and payable by the insolvent debtor at the time of the first publication of the notice of the issuing of the warrant therein provided for, may be proved and allowed against- his estate, and all debts then absolutely due, though not payable until afterwards, may be proved and allowed ; and in case the debtor shall be liable in consequence of having made or executed any bill of exchange or promissory note before the first publication of said notice,…
2Cases cited8 opinions
- Ogden v. SaundersSupreme Court of the United States · 1827
- Blanchard v. RussellMassachusetts Supreme Judicial Court · 1816
- Clay v. SmithSupreme Court of the United States · 1830
- Boyle v. Zacharie & TurnerSupreme Court of the United States · 1832
- Boyle v. ZacharieSupreme Court of the United States · 1832
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3Cited by3 opinions
- Phelps v. . BorlandNew York Court of Appeals · 1886
- Bank of Buffalo v. Vesterfelt, New York County Courts1962
- Third National Bank v. HastingsNew York Court of Appeals · 1892