Dusenbury v. . Hoyt
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Hew York, affirming a verdict in favor of defendant entered upon a verdict, and affirming order denying motion for a new trial. (Reported below, 45 How. Pr. R., 147.) The action was upon a promissory note. The defendant pleaded his discharge in bankruptcy. Hpon the trial, after proof of the discharge, plaintiff offered to prove a subsequent promise of the defendant to pay the note.
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Appeal from judgment of the General Term of the Superior Court of the city of Hew York, affirming a verdict in favor of defendant entered upon a verdict, and affirming order denying motion for a new trial. (Reported below, 45 How. Pr. R., 147.) The action was upon a promissory note. The defendant pleaded his discharge in bankruptcy. Hpon the trial, after proof of the discharge, plaintiff offered to prove a subsequent promise of the defendant to pay the note. Defendant objected upon the ground that the action was upon the note, not upon, the new promise. The court sustained the objection, and…
1Opinion of the CourtAndrews, J.
The 34th section of the bankrupt law declares that a discharge in bankruptcy releases the bankrupt from all debts provable under the act, and that it may be pleaded as a full and complete bar to all suits brought thereon.
The legal obligation of the bankrupt is by force of positive law discharged, and the remedy of the creditor existing at the time the discharge was granted to recover his debt by suit is barred. But the debt is not paid by the discharge. The moral obligation of the bankrupt to pay it remains. It is due in conscience, although discharged in law, and this moralobligation,…
2Cases cited2 opinions
- Depuy v. SwartNew York Supreme Court · 1829
- McNair v. GilbertNew York Supreme Court · 1829
3Cited by32 opinions
- In Re KornbluthCourt of Appeals for the Second Circuit · 1933
- Herrington v. . DavittNew York Court of Appeals · 1917
- Champion v. BuckinghamMassachusetts Supreme Judicial Court · 1896
- Wolffe v. EberleinSupreme Court of Alabama · 1883
- Knapp v. HoytSupreme Court of Iowa · 1881
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