Hawley v. Hunt
Supreme Court of Iowa
Appeal from Jacleson District Court. Foreign State insolvent laws: discharge under. The plaintiff sues on two judgments rendered against the defendant in New York. The defense relied on is a discharge of the defendant under the insolvent law of that State. The validity of this defense is the controverted question. The facts relating thereto are these: In 1854 two judgments were rendered against the defendant in the Supreme Court of Jefferson county, New York.
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Appeal from Jacleson District Court. Foreign State insolvent laws: discharge under. The plaintiff sues on two judgments rendered against the defendant in New York. The defense relied on is a discharge of the defendant under the insolvent law of that State. The validity of this defense is the controverted question. The facts relating thereto are these: In 1854 two judgments were rendered against the defendant in the Supreme Court of Jefferson county, New York. The defendant was, at that time, a resident and citizen of that State. Those judgments (as would appear from copies of the complaint)…
1Opinion of the Court
Dillon, Ch. J.
i. bankkottot: insolvent laws: alider?ge Respecting the validity of discharges under State insolvent laws, where the creditor is a non-resident of the State granting the discharge, there has been much discussion, *307ranch conflict of opinion, and, until recently, much doubt. But, in view of the authoritative adjudications of the Supremo Court of the United. States, presently to be refei’red to, and of the leading decisions of the State courts, cited below, the law, so far as relates to the present case, may be stated in a single sentence.
The settled doctrine now is, that a debt…
2Cases cited12 opinions
- Ogden v. SaundersSupreme Court of the United States · 1827
- Bank of Columbia v. OkelySupreme Court of the United States · 1819
- Suydam v. BroadnaxSupreme Court of the United States · 1840
- Boyle v. ZacharieSupreme Court of the United States · 1832
- Poe v. DuckCourt of Appeals of Maryland · 1853
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3Cited by10 opinions
- Sterrett v. Stoddard Lumber Co.Oregon Supreme Court · 1935
- Bedell & Warden v. ScrutonSupreme Court of Vermont · 1882
- Hornick, More & Porterfield v. Farmers' & Merchants' BankSouth Dakota Supreme Court · 1929
- McDougall v. PageSupreme Court of Vermont · 1882
- Weber v. YancyWashington Supreme Court · 1893
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