Viele v. Blanchard

Opinion Toy

Greene, J.

Leonard Blanchard commenced this suit against William D. Niele, on a judgment obtained against him in New York, in 1840. Defendant pleaded his discharge from this debt by virtue of a decree under the general bankrupt law. Plaintiff demurred to this answer» on the ground that it does not plead the certificate of discharge, nor set out a copy. The demurrer was sustained and judgment was rendered against the defendant.

The demurrer should have been overruled. The answer regularly pleads the proceeding in bankruptcy, by which it appears that on the 3rd day of April, 1842, “ it…