Spencer v. Beebe
New York Supreme Court
This was - an action of assumpsit tried at the Madison circuit in March, 1835, before the Hon. Hiram Denio, one of the circuit judges. The suit was brought on two promissory-notes.
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This was - an action of assumpsit tried at the Madison circuit in March, 1835, before the Hon. Hiram Denio, one of the circuit judges. The suit was brought on two promissory-notes. The defendant offered in evidence in bar of the plaintiff's recovery, an insolvent discharge, granted to him under the two-third act of 1813. Tlie plaintiff objected to its being received in evidence, on the ground that the discharge had not been pleaded or notice given thereof with the plea of the general issue interposed by the defendant. The judge overruled the objection, received the discharge in evidence, and…
1Opinion of the Court
By the Court,
Cowen, J.
The single question is, whether the discharge, which was in virtue of the two-third insolvent act of 1813 (1 R. L. 460), was admissible in evidence under the general issue, without notice or plea, in an action brought since the revised statutes took effect. These require that the insolvent discharges under their own provisions shall be pleaded or given notice of with the general issue (2 R. S. 22 § 22). Not so the act of 1813. That act received the discharge on such issue without notice or plea; and if that be not repealed, the evidence was receivable within its express…
2Cited by1 opinion
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