Morrison v. Woolson
Superior Court of New Hampshire
Debt. The declaration contained several counts. The first was for goods sold and delivered to the defendant and Thomas J. Gardner, as partners, under the style of Gardner & Woolson, the seeond, for money had and received, by the same firm. The other counts it is unnecessary .to state.
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Debt. The declaration contained several counts. The first was for goods sold and delivered to the defendant and Thomas J. Gardner, as partners, under the style of Gardner & Woolson, the seeond, for money had and received, by the same firm. The other counts it is unnecessary .to state. To the first and seeond counts the defendant pleaded “ that the plaintiffs ought not to have or maintain their aforesaid action thereof against him, because he says that the said several supposed causes of action, if any such there were, in said first and second counts mentioned, were debts owing by said…
1Opinion of the CourtEastman, J.
The questions presented in this case are raised upon the pleadings. The action was debt; plea, bankruptcy; replication that the certificate was insufficient as not being duly and legally granted ; and demurrer to the replication.
Upon examining the plea, we find that no court is set forth as having entertained the case and granted the certificate ; and the plea is clearly bad on this account. It does not appear what district court received the petition and granted the discharge ; and this omission is fatal. 1 Chitty’s Pld. 672; Joy v. Simpson, 2 N. H. Rep. 179; Johnson v. Ball, 15 N. H. Rep.…
2Cases cited3 opinions
- Service v. HeermanceNew York Supreme Court · 1806
- Joy v. SimpsonSuperior Court of New Hampshire · 1820
- Johnson v. BallSuperior Court of New Hampshire · 1844