Clarke v. Ray
General Court of Virginia
Issues from the court of chancery, to try whether ^«2/was a trader, &c. within the meaning of the act of congress. _ ' rr,, . .... „ „ 1. 1 hese issues arose upon an application oí Ratf 1 * ** to the chancellor, for the benefit of an act of insal-venc7 passed in his favour at November session 1801s which was opposed by Clarke, alleging that Ray was a trader, and consequently could not be relieved by * , an act of insolvency of the state. * " Chase, Ch. J. (a.) The…
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Issues from the court of chancery, to try whether ^«2/was a trader, &c. within the meaning of the act of congress. _ ' rr,, . .... „ „ 1. 1 hese issues arose upon an application oí Ratf 1 * ** to the chancellor, for the benefit of an act of insal-venc7 passed in his favour at November session 1801s which was opposed by Clarke, alleging that Ray was a trader, and consequently could not be relieved by * , an act of insolvency of the state. * " Chase, Ch. J. (a.) The chancellor, by the act of assembly (1801, ch. 18,) co-operating with the law of the United States, has a power to direct issues in…
1Opinion of the Court
Key, Ch. J.
delivered the following opinion: After hearing and considering the arguments of counsel, I am of opinion, that a person who falls within the purview of the bankrupt law of the United States, after commitment of three months, cannot avail himself of the benefit of a state insolvent law, if the creditors of such person sue out a commission of bankruptcy against him within six months next succeeding the act of bankruptcy occasioned by his commitment.
The first section of the law of Congress gives to the creditors a period of six months to prosecute com. missions of bankruptcy after the…
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