Witt v. Follett
New York Supreme Court
This case distinctly presented the question, whether an " a a • insolvent discharge obtained in this state could be plead in bar of a suit brought in a court of this state on a contract made in another state, subsequent to the passage of the act under 1 . , , , . . which the discharge was obtained, between parties not inhabitants of this state at the time of the contract, but who, previous to the presenting of the petition for the discharge, became such inhabitants.
Read the full summary
This case distinctly presented the question, whether an " a a • insolvent discharge obtained in this state could be plead in bar of a suit brought in a court of this state on a contract made in another state, subsequent to the passage of the act under 1 . , , , . . which the discharge was obtained, between parties not inhabitants of this state at the time of the contract, but who, previous to the presenting of the petition for the discharge, became such inhabitants. The question arose on demurrer. The declaration contained a count on a. promissory note, dated in 1816, and the common money…
1Opinion of the Court
By the Court, Marcy J.
The decision of this case depends upon the validity of the defendant’s discharge under the insolvent act. Discharges under state insolvent laws have been assailed, on the ground that they impair the obligation of contracts. The leading case calling in question the constitutionality of the insolvent laws of the states, is that of Sturges v. Crowninshield, (4 Wheaton, 122.) Though the language of the court in that case might admit of a broader application, both this court and the court of chancery of this state have considered it as going no farther than to declare the…
2Cases cited3 opinions
- Bank of Columbia v. OkelySupreme Court of the United States · 1819
- Blanchard v. RussellMassachusetts Supreme Judicial Court · 1816
- M'millan v. M'neillSupreme Court of the United States · 1819
3Cited by6 opinions
- Watson v. BourneMassachusetts Supreme Judicial Court · 1813
- Wilson v. Matthews, Finley & Co.Supreme Court of Alabama · 1858
- Lowenberg v. LevineCalifornia Supreme Court · 1892
- Beal v. BurchsteadMassachusetts Supreme Judicial Court · 1852
- Collins & Co. v. RodolphSupreme Court of Iowa · 1851
1 more not listed; retrieve them via the Exa API.