Jaques v. Marquand
New York Supreme Court
Assumpsit ; tried at the New- York circuit, February lith and 6th, 1824, before Edwards, C. Judge. The declaration contained the common money counts» only, laying a promise by the defendant to Bussing, the insolvent; and also to his assignees, under the actforgiv-*n§ relief *n cases of insolvency. Plea in abatement, that the promises laid, if any, were made by the defendant and one Cornelius Paulding, jointly, &c. and issue.
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Assumpsit ; tried at the New- York circuit, February lith and 6th, 1824, before Edwards, C. Judge. The declaration contained the common money counts» only, laying a promise by the defendant to Bussing, the insolvent; and also to his assignees, under the actforgiv-*n§ relief *n cases of insolvency. Plea in abatement, that the promises laid, if any, were made by the defendant and one Cornelius Paulding, jointly, &c. and issue. The plaintiffs, at the trial, offered Bussing as a witness, who had released all his interest in his estate assigned. The defendant objected, that the plaintiffs were…
1Opinion of the Court
*500 Curia, per
Sutherland, J.
Bussing was a competent witness. He was discharged from all his debts on the 30th of September, 1822, under the act of1313 ; and it appeared that all the debts, which he owed at the time of his discharge, had been contracted since the passage oí that act. According to the repeated decisions of this court, that discharge was valid, not only as to the person of the insolvent, but as to his future acquisitions. Those decisions, it is true, have been questioned, and cases are now understood to be pending in the supreme court of the United States, in which the…
2Cases cited1 opinion
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- Deitz v. RegnierSupreme Court of Kansas · 1882
- Shaffer v. MartinAppellate Division of the Supreme Court of the State of New York · 1898
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