Van Raugh v. Van Arsdaln
New York Supreme Court
ASSUMPSIT by the indorsee against the indorsor, of a note made in Rhode-Island, and indorsed to the plaintiff in this state, where he then was and now is a resident, by the defendant, whose established residence then was, and continues to be, in Pennsylvania, by the insolvent law which state, he was discharged in March, 1805. He did not include the plaintiff in the list of his creditors, nor mention the note in that of his debts, and the cause was issue long prior to his…
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ASSUMPSIT by the indorsee against the indorsor, of a note made in Rhode-Island, and indorsed to the plaintiff in this state, where he then was and now is a resident, by the defendant, whose established residence then was, and continues to be, in Pennsylvania, by the insolvent law which state, he was discharged in March, 1805. He did not include the plaintiff in the list of his creditors, nor mention the note in that of his debts, and the cause was issue long prior to his exoneration. Upon these facts it was submited to the court, whether the defendant could avail himself of the discharge in…
1Opinion of the CourtKent, C. J.
This question arose in the case of George B. Ewert v. William Coulthard,* which was decided inthi& *155-court, in January term, 1795, the plaintiff there, was a citi-aen of this state, and the debt was contracted here ; the defendant was a citizen of Pennsylvania, and pleaded a discharge under the insolvent act of that state, and the plea was overruled. Upon the authority of that decision, we are of opinion that the discharge stated m the case before us is no bar, and that the plaintiff is entitled to judgment. We give no opinion as to the operation of such a discharge, if the parties had been…
2Cited by18 opinions
- Smith v. SmithNew York Supreme Court · 1807
- Le Roy v. CrowninshieldU.S. Circuit Court for the District of Massachusetts · 1820
- Abraham v. PlestoroCourt for the Trial of Impeachments and Correction of Errors · 1829
- M'millan v. M'neillSupreme Court of the United States · 1819
- Van Hook v. WhitlockNew York Supreme Court · 1841
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