Jenks v. Stebbins
New York Supreme Court
THIS was an action of assumpsit on a promissory note made by the defendant, dated October the 28th, 1805, payable to the . • , r *' plaintiff three years after date.
Read the full summary
THIS was an action of assumpsit on a promissory note made by the defendant, dated October the 28th, 1805, payable to the . • , r *' plaintiff three years after date. At the trial of the cause, the defendant, under a notice annexed to his plea of non assumpsit, gave in evidence a discharge under the insolvent act of the 3d ° , of April, 1811, under the hand and seal of a commissioner, dated the 15th of April, 1812. The discharge stated that the defendant, “ of the town of Brownoille, in the county of Jefferson, an insolvent debtor, who was an inhabitant of said county, for the space of three…
1Opinion of the CourtSpencer, J.
The case of Morgan v. Dyer, (10 Johns. Rep. 161.) and several antecedent cases, decide, that in pleading a discharge under the insolvent act, it is requisite to set forth facts giving the judge or officer jurisdiction in the case. To give that jurisdiction under the act. of the 3d of April, 1811, it is necessary that the insolvent should have been an inhabitant, for three months next preceding the presenting his petition, of the city or county in which'it is presented, and that he be prosecuted in some court Avithin and under the jurisdiction of this state, on civil process for debt, or on…
2Cited by13 opinions
- Potter v. . Merchants' BankNew York Court of Appeals · 1863
- Cooper v. SunderlandSupreme Court of Iowa · 1856
- Bouchaud v. DiasNew York Supreme Court · 1846
- Campbell v. Wyoming Development Co.Wyoming Supreme Court · 1940
- Adams v. Saratoga & Washington RailroadNew York Supreme Court · 1851
8 more not listed; retrieve them via the Exa API.