Campbell v. Claudius
U.S. Circuit Court for the District of Pennsylvania
Rule to show cause, why the defendant should not be discharged on common bail. The reason assigned was, that the defendant had been discharged under the insolvent law of the state of Pennsylvania. Upon showing cause, it appeared that the plaintiffs were residents beyond sea, and that the contract wras made and payable in a foreign country.
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Rule to show cause, why the defendant should not be discharged on common bail. The reason assigned was, that the defendant had been discharged under the insolvent law of the state of Pennsylvania. Upon showing cause, it appeared that the plaintiffs were residents beyond sea, and that the contract wras made and payable in a foreign country. The plaintiffs [Campbell, Bowden & Co.] offered evidence to show, that the defendant had acted unfairly and fraudulently in obtaining his discharge, which evidence was objected to by the defendant. BP THE COURT. To admit such evidence, upon a collateral…
1Opinion of the Court
WASHINGTON, Circuit Justice.
The case of Webster v. Massey [Case No. 17,330] was the first in which the court was called upon to discharge on common bail, on the ground of a discharge under the insolvent law of this state, and the motion in that case was overruled. Read v. Chapman [Id. 11,605] was the next case, when the court discharged on common bail, the debt having been contracted in this state; and what made it stronger, was that the plaintiff was one of the assignees. Discharges have since taken place, without opposition, and without any particular en-quiry made by the court into the…
2Cases cited1 opinion
- Smith v. BrownSupreme Court of Pennsylvania · 1810