Legal Opinion

Shoemaker v. Keely

Supreme Court of the United States

Decided April 1, 1793PublishedCited by 22 opinions

THIS was an action on the case, for deceiving the bankrupt, in the sale of a quantity of Claret; and the question submitted for decision to the Court was,—whether such an action could be maintained by the assignee ? observed, that the bankrupt was really indebted to his client; but that in this form of action he would be deprived of the advantage of a set off; and they contended that the action would not lie. The 7 sect. of the bankrupt act (2 Vol. Dall.

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THIS was an action on the case, for deceiving the bankrupt, in the sale of a quantity of Claret; and the question submitted for decision to the Court was,—whether such an action could be maintained by the assignee ? observed, that the bankrupt was really indebted to his client; but that in this form of action he would be deprived of the advantage of a set off; and they contended that the action would not lie. The 7 sect. of the bankrupt act (2 Vol. Dall. Edit. p. 371.) gives to the Commissioners a power only “ to assign or dispose of all the debts due to, and for the benefit of, the…

1Opinion of the Court

By the Court:

—It is plain, that the action, in its present form, cannot be supported. Under the act of Assembly, nothing but debts are assigned, or assignable; and torts must be considered as the mere personal concern of the bankrupt.

Let Judgment be entered for the defendant.

2Cited by22 opinions

  1. Fulton v. PhiladelphiaSupreme Court of the United States · 2021
  2. State ex rel. Weiss v. District Board of School District No. EightWisconsin Supreme Court · 1890
  3. People ex rel. Stanton v. Tioga C. P.New York Supreme Court · 1837
  4. Donahoe v. RichardsSupreme Judicial Court of Maine · 1854
  5. State v. YoderWisconsin Supreme Court · 1971

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