Fox v. Woodruff
New York Supreme Court
Declaration in debt on a judgment in the late court of common pleas of Monroe county, in a suit commenced on the 13th of December, 1842, and judgment recovered 14th March, 1843, for $273,84, in an action on promises. Plea, discharge in bankruptcy.
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Declaration in debt on a judgment in the late court of common pleas of Monroe county, in a suit commenced on the 13th of December, 1842, and judgment recovered 14th March, 1843, for $273,84, in an action on promises. Plea, discharge in bankruptcy. The plea stated that after the making of the promises for which the judgment was recovered, viz. on the 17th of December, 1842, the defendant presented his petition to the district court of the northern district of New-York, to be declared a bankrupt &c., and that such proceedings were thereupon had &c. that afterwards, and after the defendant had…
1Opinion of the Court
By the Court, Welles, J.
The precise question involved in this case was elaborately examined in Dresser v. Brooks, (3 Barb. Sup. C. Rep. 429,) in which a majority of the court, in the fifth district, held that a discharge under the bankrupt act *499of 1841 might he pleaded in bar to an action upon a judgment founded on a debt existing when the bankrupt filed his petition, but which judgment was recovered before the discharge was granted, so that the defendant had no opportunity of pleading such discharge in the suit. That in such a case where the judgment is founded on a note, bond, or other…
2Cited by6 opinions
- In re StansfieldDistrict Court, D. Nevada · 1877
- Burt v. PowisNew York Supreme Court · 1858
- Haggerty v. AmoryMassachusetts Supreme Judicial Court · 1863
- Gilman v. CateSupreme Court of New Hampshire · 1884
- In re GallisonDistrict Court, D. Massachusetts · 1871
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