Wiggin v. Bush
New York Supreme Court
THIS was an action on a promissory note made by the áefendant, payable to one David Forsaith, sixty days after date, for i,000 dollars, dated May 24th, 1812, and endorsed by For« sa&h to ^e plaintiffs.
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THIS was an action on a promissory note made by the áefendant, payable to one David Forsaith, sixty days after date, for i,000 dollars, dated May 24th, 1812, and endorsed by For« sa&h to ^e plaintiffs. The defendant pleaded the general issue, with notice of his discharge under the insolvent act, passed J^pril 8d, 1811, and of other special matter. 7 r n -n ♦ o r>7 The defendant wás a paffcner of the house of race <§* Bush9 who were indebted to the plaintiffs in the sum of six thousand dollars, on five promissory notes, drawn by Rice Bush, payable to David Forsaith, and by him endorsed to the…
1Opinion of the CourtYates, J.
The plaintiff, in this cause, was properly nonsuited.
The note in question was given to prevent the opposition of Forsaith, the payee, against the insolvent’s obtaining the benefit of the act of the 11th of April, 1811, and, in my opinion, un» *309der circumstances of fraud; for it is expressly stated, that the defendant, in conversation with him on the subject, admitted that he had not made a fair exhibit of his debts to the recorder. It became, therefore, a subject of inquiry, whether he had committed perjury, in not rendering- a just and true account, according to the oath taken by him, as…
2Cited by17 opinions
- Meyer v. PriceNew York Court of Appeals · 1929
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- Pringle v. PhillipsThe Superior Court of New York City · 1851
- O'Shea v. Collier White Lead & Oil Co.Supreme Court of Missouri · 1868
- Root v. GodardU.S. Circuit Court for the District of Michigan · 1842
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