Legal Opinion

Porter v. Imus

California Supreme Court

Decided May 20, 1889No. 11926Published

Appeal from a judgment of the Superior Court of Santa Cruz County. The facts are stated in the opinion.

1Opinion of the Court

Hayne, C.

Action upon a promissory note made and payable in this state, and dated in 1878; defense, a discharge in insolvency obtained in 1881. The court below gave judgment for the defendant, and the plaintiff appeals.

The first point is, that the insolvency act of 1880 impairs the validity of the contract; in other words, that under that act a discharge could not be granted which would bar a debt contracted in 1878. This precise question, however, has been decided against the appellant. (Pomeroy v. Gregory, 66 Cal. 574; Hundley v. Chaney, 65 Cal. 363.)

The only other point made is, that it is…

2Cases cited2 opinions

  1. Hundley v. ChaneyCalifornia Supreme Court · 1884
  2. Pomeroy v. GregoryCalifornia Supreme Court · 1885

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