Bruce v. Lee
New York Supreme Court
THIS was an action of debt, on a bond. The decíaration was in, the usual form., The defendant pleaded , 1 1. non est j actum; and m his 2d plea, craved •3yer of the condition, which was as follows, “ that if the above bound William Lee and Joseph Mullikin, jointly, or either of them, their heirs, &c. shall, within fifteen days, from the day that James Elliot, of the city of Nexv-York, may, or shall receive a discharge, by virtue of any act of insolvency, agreeable to the…
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THIS was an action of debt, on a bond. The decíaration was in, the usual form., The defendant pleaded , 1 1. non est j actum; and m his 2d plea, craved •3yer of the condition, which was as follows, “ that if the above bound William Lee and Joseph Mullikin, jointly, or either of them, their heirs, &c. shall, within fifteen days, from the day that James Elliot, of the city of Nexv-York, may, or shall receive a discharge, by virtue of any act of insolvency, agreeable to the statute of this state, deliver to the said Charles Bruce, or to his heirs, or assigns, James Elliots notes, with approved…
1Per curiam
This cause comes before the court, oil a general demurrer to the second and third pleas. The action is in debt on a bond, the condition of which is, that the defendant should, within fifteen days after the discharge of James Elliot, under the insolvent act, procure and deliver to the plaintiff, the said James Elliot’s note, with approved indorsers, for the sum of 1,231 dollars and 36 cents. The pleas allege, that Elliot was proceeding to obtain the benefit of the insolvent act, and that on the day appointed for the hearing of the creditors, in opposition, the plaintiff, being a creditor,…
2Cited by7 opinions
- Holt & Chambers v. BancroftSupreme Court of Alabama · 1857
- Gray v. . HookNew York Court of Appeals · 1851
- Dale v. RooseveltCourt for the Trial of Impeachments and Correction of Errors · 1827
- Hoitt v. HolcombSuperior Court of New Hampshire · 1851
- Allen v. CraigSupreme Court of New Jersey · 1833
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