Legal Opinion

Hill v. Phillips

Supreme Court of Rhode Island

Decided February 3, 1883Published

Assumpsit. On demurrers to tbe replications.

1Opinion of the CourtCarpenter, J.

This is an action of the case on promises. The pleas are the statute of limitations and the general issue. To the pleas of the statute the plaintiff replies: jfirst, that the defendant was adjudged bankrupt July 7, 1875, and the plaintiff proved the claim here sued July 26, 1875, and that the court in bankruptcy thereafterwards adjudged that the defendant was not entitled to his discharge ; and second, as in the first plea, setting out in addition the words of section 5105 of the Revised Statutes of the United States. To these replications the defendant demurs.

The plaintiff contends that the…

2Cases cited3 opinions

  1. Hanger v. AbbottSupreme Court of the United States · 1868
  2. Haxtun v. CorseNew York Court of Chancery · 1848
  3. Brandon Manufacturing Co. v. A. A. Frazer & Co.Supreme Court of Vermont · 1874

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