Higgins v. Dale
Supreme Court of Minnesota
Appeal by defendant from a judgment of the district court for Ramsey county, Brill, J., presiding. An executed composition in bankruptcy satisfies, discharges and extinguishes the debt, and leaves it no existence, legal, moral, equitable or otherwise; and such debt will not support a new promise. 18 U. S. St. at Large, c. 390, § 17; Defford v. Hewlett, 49 Md. 51; Inre Bechet, 12 Nat. Bank Reg. 201; Wells v.Lamprey, 16 Nat. Bank Reg. 205.
1Opinion of the CourtGtleillan, C. J.
Action on an account and two promissory notes. As to the account and one of the notes, no defence is set up; as to the other note, defendant in his answer attempts to show want of consideration. The facts out of which it grew are stated as follows: The firm of Dale & Moore, of which firm defendant was a member, were, on June 12, 1876, indebted to plaintiff, and on that day filed their voluntary petition in bankruptcy. In the bankruptcy proceedings, they, pursuant to section 17 of the act of congress of June 22, 1874, (18 U.S. St. at Large, c. 390, § 17,) amending the bankrupt law, made to…
2Cases cited3 opinions
- Guild v. ButlerMassachusetts Supreme Judicial Court · 1877
- Mason v. CampbellSupreme Court of Minnesota · 1880
- In re Merriman's EstateSupreme Court of Connecticut · 1878
3Cited by7 opinions
- In Re KornbluthCourt of Appeals for the Second Circuit · 1933
- Baxter v. BrandenburgSupreme Court of Minnesota · 1917
- Northern Drug Co. v. AbbettSupreme Court of Minnesota · 1939
- O'Donnell Shoe Co. v. Benson Co-Operative Mercantile Co.Supreme Court of Minnesota · 1928
- Arkansas Baptist State Convention v. Board of TrusteesSupreme Court of Arkansas · 1945
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