Swain v. Barber
Supreme Court of Vermont
Assumpsit for money paid, &c. Plea, that the defendant made his petition under the late United States bankrupt law, February 3d, 1843, was declared a bankrupt March 21st, 1843, and obtained his certificate January 16th, 1844, and that the plaintiff's cause of action accrued before the defendant so became a bankrupt, and was provable under said act of bankruptcy.
Read the full summary
Assumpsit for money paid, &c. Plea, that the defendant made his petition under the late United States bankrupt law, February 3d, 1843, was declared a bankrupt March 21st, 1843, and obtained his certificate January 16th, 1844, and that the plaintiff's cause of action accrued before the defendant so became a bankrupt, and was provable under said act of bankruptcy. Replication, that the money paid out by the plaintiff for the defendant was paid after said discharge and certificate in bankruptcy; without this that the cause of action accrued to the plaintiff before the defendant became a…
1Opinion of the Court
The opinion of the court was delivered by
Isham, J.
This is an action of assumpsit by one surety against his co-surety for contribution. The defendant has pleaded a discharge in bankruptcy. The certificate of discharge was obtained January 16, 1844. The note was signed by the plaintiff and defendant as co-sureties before the defendant’s discharge, but the payment of the money by the plaintiff was made afterwards. The question, under the issue presented by the pleadings in this case, arises, whether the plaintiff’s claim for contribution is barred by that certificate. The fourth section of the…
2Cases cited1 opinion
- Woodard v. HerbertSupreme Judicial Court of Maine · 1844
3Cited by3 opinions
- Liddell v. WiswellSupreme Court of Vermont · 1887
- Thomas v. LiebkeMissouri Court of Appeals · 1880
- Eberhardt v. WoodCourt of Appeals of Tennessee · 1875