Yeomans v. Chatterton
New York Supreme Court
IN error, from the Ulster court of common pleas. Chaiterton brought an action of assumpsit against Yeomans, in the court below. The declaration was in the usual form, on a promissory note, for 50 dollars, dated the 20th of December, 1809, made by Yeomans, payable to Chaiterton the 15th of April ensuing, The defendant pleaded non assumpsit, with notice of special matter to be given in evidence at the trial.
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IN error, from the Ulster court of common pleas. Chaiterton brought an action of assumpsit against Yeomans, in the court below. The declaration was in the usual form, on a promissory note, for 50 dollars, dated the 20th of December, 1809, made by Yeomans, payable to Chaiterton the 15th of April ensuing, The defendant pleaded non assumpsit, with notice of special matter to be given in evidence at the trial. The execution of the note was admitted, and the defendant proved that Chatterton, on the 20th of December, 1809, took and subscribed the oath, prescribed by the insolvent act, as one of the…
1Per curiam
The note on which the suit below was brought, was given to Chatterton in payment of part of his demand against Kekham, and upon the evident understanding and confidence, that he should become a petitioning creditor, under the insolvent act, for the residue of his demand, as he accordingly did. The note was, consequently, void, as being given against the policy, and in fraud of the insolvent act of the 3d of April, 1801. By that act, the petitioning creditor makes affidavit that such a sum is due, of will become due, and that he hath not received from the insolvent, or any other person, any…
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