Van Reimsdyk v. Kane
U.S. Circuit Court for the District of Rhode Island
The plaintiff is an inhabitant of Batavia in the island of Java, and the bill is brought to recover against [Oliver Kane and another] the executors of [John Innes] Clarke the amount of a bill of exchange drawn in behalf of the owners of the ship Patterson, by . Benjamin Monroe, their agent at Batavia, on a mercantile house in Amsterdam for 21,-488 guilders.
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The plaintiff is an inhabitant of Batavia in the island of Java, and the bill is brought to recover against [Oliver Kane and another] the executors of [John Innes] Clarke the amount of a bill of exchange drawn in behalf of the owners of the ship Patterson, by . Benjamin Monroe, their agent at Batavia, on a mercantile house in Amsterdam for 21,-488 guilders. The bill of exchange was dated 3 Nov., 1806) payable at nine months sight, was presented and protested for non-acceptance, 30 December, 1807, and was presented and protested for non-payment, 4 Oct., ISOS. The bill charged in substance,…
1Opinion of the Court
STORY. Circuit Justice.
The first question seems to be, whether the discharge of the firm of Monroe, Snow & Monroe under the insolvent act of Rhode Island is a complece discharge of them from this debt. The language of the insolvent act itself (1756) is, that a discharge under it shall be a perfect discharge “of and from all debts, duties, co i-traets, and demands, of every nature and kind whatsoever, that shall be at that time outstanding against the debtor, debts due to the crown itself only excepted.” And section 6 provides, that every creditor who shall not prove his debt before the…
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