Dresser v. Brooks
New York Supreme Court
This was an action of debt upon a judgment recovered in the supreme court, in an action of assumpsit, on the 28th of October, 1842. • The suit in which the judgment was recovered was commenced on the 22d of July, 1842, and the issue joined therein was tried in October of the same year.
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This was an action of debt upon a judgment recovered in the supreme court, in an action of assumpsit, on the 28th of October, 1842. • The suit in which the judgment was recovered was commenced on the 22d of July, 1842, and the issue joined therein was tried in October of the same year. The defendant in this action put in a plea setting up his discharge and certificate under the bankrupt act of the United States of August, 1.841. The petition of the defendant, (it being a voluntary application,) to be decreed a bankrupt, was presented on the 27th of September, 1842, and the final discharge and…
1Opinion of the Court
AlleN, j.
The first objection taken by the plaintiff to the admission in evidence of the certificate of the discharge of the defendant under the bankrupt act was merely to its form and manner of authentication, and was two-fold. (1.) That the clerk of the court had not certified that he had compared the copy discharge with the original, and that it was a correct transcript therefrom and of the whole of said original; and (2.) That the seal was not impressed upon wax, wafer, or other substance. Upon the argument at bar, the.defendant’s counsel produced to the court a discharge in all respects…
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