Roosevelt v. Kellogg
New York Supreme Court
ASSUMPSIT for goods sold and delivered, &c. The declaration contained the common counts. The defendant pleaded, 1. Non assumpsit; 2. Non assumpsit infra seoc annos; 3. His discharge under the act for giving relief in cases of insolvency, passed April 12, 1813; in which plea the defendant alleged, that he, the defendant* on the 6th of January, 1817, being an insolvent debtor, within the intent and meaning or the act; and being a resz^ent the city of Hudson, in the county of…
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ASSUMPSIT for goods sold and delivered, &c. The declaration contained the common counts. The defendant pleaded, 1. Non assumpsit; 2. Non assumpsit infra seoc annos; 3. His discharge under the act for giving relief in cases of insolvency, passed April 12, 1813; in which plea the defendant alleged, that he, the defendant* on the 6th of January, 1817, being an insolvent debtor, within the intent and meaning or the act; and being a resz^ent the city of Hudson, in the county of Columbia, in conjunction with so many of his creditors, residing within the United States, as had debts bona fide owing,…
1Opinion of the CourtWoodworth, J.
The plaintiff has demurred specially to the third plea; and assigned for causes of demurrer: 1. That it does not appear, that any advertisement, requiring the creditors to show cause, was ever published. 2. Because, the certificate of the assignee states, that the defendant made an assignment of all his estate, both in law and in equity, in possession, reversion or remainder; whereas the act requires a certificate, “ that the insolvent has granted, conveyed, assigned, and delivered, for the use of his creditors, all his estate, and all books, vouchers, and securities relating to the same.” 3.…
2Cited by13 opinions
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- Peebles v. KittleNew York Supreme Court · 1807
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