Frary v. Dakin
New York Supreme Court
IN ERROR, from the mayor’s court of the city it jJluason• Dakin brought an action of assumpsit against Frary, in the court below, for work and labour, &c.
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IN ERROR, from the mayor’s court of the city it jJluason• Dakin brought an action of assumpsit against Frary, in the court below, for work and labour, &c. Frary pleaded, 1. Non assumpsit; 2. His discharge under the insolvent act, “ that on the 20th October, 1804, he personally appeared before James Kent, Esq. chief justice, and delivered to him, according to the act, entitled, an act for giving relief in cases of insolvency, an ac" count, inventory and petition, with an affidavit thereunto annexed, whereupon the said iustice did administer the . . " oath prescribed by the said act to be taken…
1Opinion of the CourtSpencer, J.
There are several exceptions to the plea, relating to omissions in stating the proceedings according to the act; but a decision as to the first and second objections, will dispose of the rest.
The defendant below had his choice of three modes of availing himself of his discharge.
1. The act authorizes the pleading of the general issue, and giving his discharge in evidence.
2. He could have pleaded, that being an insolvent debtor, within the true intent and meaning of the act, he, in conjunction with three fourths of his creditors in value, See. did present his petition, stating it, and that *78such…
2Cited by17 opinions
- Weimer v. BunburyMichigan Supreme Court · 1874
- Wyman v. MitchellNew York Supreme Court · 1823
- Adams v. Saratoga & Washington RailroadNew York Supreme Court · 1851
- Hard v. ShipmanNew York Supreme Court · 1849
- Bowman v. RussNew York Supreme Court · 1825
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