Pleasants v. Meng
Supreme Court of the United States
Indebitatus assumpsit for goods sold and delivered, &c. The defendants pleaded that they were certificated bankrupts, and that the cause of action arose before the bankruptcy ; to which the plaintiff replied, that certificate was unfairly obtained; and on the trial of the cause, offered testimony in support of the four following exceptions, to wit : 1. That the debt on which the commission was founded, had been contracted prior to the passing of the act for the regulation of…
Read the full summary
Indebitatus assumpsit for goods sold and delivered, &c. The defendants pleaded that they were certificated bankrupts, and that the cause of action arose before the bankruptcy ; to which the plaintiff replied, that certificate was unfairly obtained; and on the trial of the cause, offered testimony in support of the four following exceptions, to wit : 1. That the debt on which the commission was founded, had been contracted prior to the passing of the act for the regulation of bankrupts (3 State Laws, 6441) although a bond had been given for it, since the act was passed. 2. That the petition…
1Opinion of the Court
The President, having again noticed the cause of action, and the state of the pleadings, proceeded in delivering the following charge to the jury:
Shippen, President.
A bankrupt law, in a trading country, must be productive of many benevolent and beneficial consequences. When an unfortunate trader has fairly and honestly surrendered all his property for the use of his creditors, the legislature certainly intended, that ho should be effectually discharged from all his debts, and left at liberty to acquire new substance; and there are many instances in England, where, by this encouragement,…
2Cited by9 opinions
- East Union Township v. RyanSupreme Court of Pennsylvania · 1878
- McLaughlin v. McLaughlinSupreme Court of Pennsylvania · 1877
- McArthur v. AllenUnited States Circuit Court · 1880
- Williston v. CampMontana Supreme Court · 1889
- Blythe v. JohnsSupreme Court of Pennsylvania · 1812
4 more not listed; retrieve them via the Exa API.