Batchelder v. Low
Supreme Court of Vermont
Assumpsit, declaring specially upon a promissory note signed by the defendant and payable to Betsey Ayer or order on demand. The note is correctly described in the special count, and the plaintiff presented no claim other than the note. Plea, the general issue, and the defendant’s discharge in bankruptcy during the pendency of this suit, in bar.
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Assumpsit, declaring specially upon a promissory note signed by the defendant and payable to Betsey Ayer or order on demand. The note is correctly described in the special count, and the plaintiff presented no claim other than the note. Plea, the general issue, and the defendant’s discharge in bankruptcy during the pendency of this suit, in bar. Replication that defendant fraudulently omitted the note in question from his schedule of debts, and also fraudulently omitted certain property from his schedule of assets. The defendant rejoined, traversing the replication, and on the rejoinder the…
1Opinion of the Court
The opinion of the court was delivered by
Wheeler, J.
From the recitals in the pleadings and the course of the argument, it is understood that the bankruptcy of the defendant was voluntary, and that the proceedings were had upon his own petition. He must have commenced the proceedings for the purpose of obtaining a discharge from such debts that he owed as were provable against his estate. He could not do this without giving up such property that he had as could be reached for them. He could not accomplish the whole without procuring two judicial determinations. One, that he was a bankrupt,…
2Cited by10 opinions
- Poillon v. . LawrenceNew York Court of Appeals · 1879
- Burpee v. SparhawkMassachusetts Supreme Judicial Court · 1871
- Thomas v. JonesWisconsin Supreme Court · 1875
- Thornton v. HoganSupreme Court of Missouri · 1876
- Brown v. CauseyTexas Supreme Court · 1882
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