Hempstead v. Reed
Supreme Court of Connecticut
IN ERROR. This was an action of assumpsit on a promissory note, made by Hempstead, on the 5th of September, 1818, for 1361 dollars, 62 cents, payable to Stephen Chandler, or order, ten months after date, and by him indorsed to Reed, the plaintiff. To the declaration the defendant pleaded a discharge under an act of the legislature of the state of New-York.
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IN ERROR. This was an action of assumpsit on a promissory note, made by Hempstead, on the 5th of September, 1818, for 1361 dollars, 62 cents, payable to Stephen Chandler, or order, ten months after date, and by him indorsed to Reed, the plaintiff. To the declaration the defendant pleaded a discharge under an act of the legislature of the state of New-York. The plea averred, that at the time when the act was passed, when the note was made and negotiated, and when the defendant obtained the discharge pleaded, and until 1821, the plaintiff, the defendant and Stephen Chandler, were, and during…
1Opinion of the CourtDaggett, J.
The defendant in error contends, that the plea is insufficient, because if the act were valid, it is not well pleaded. Here several objections are relied on ; one only of which will be noticed, as that, in the opinion of the Court, is fatal to the plea.
The act counted upon, and set up, is introduced into the plea, and repeatedly declared to be “ An act for giving relief in cases of insolvency.”
It is averred, that the recorder of the city of New-York, by the act declared on, is authorized to exercise the power to discharge insolvent debtors, in the cases therein mentioned. On inspection of the…
2Cases cited14 opinions
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- McLeod v. Conn. & Pass. R. R. R.Supreme Court of Vermont · 1886
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