Bailey v. Kraus

This action was brought to recover the balance due for the board and care of the defendant’s horses. Upon the trial an attempt was made by the defendant to prove his discharge in bankruptcy subsequent to the contracting of the debt, to recover which this action was brought. The trial justice excluded proof of the defendant’s discharge in bankruptcy, to which exclusion the defendant excepted. The defense which the defendant attempted, being in confession and avoidance of the cause of action, must be pleaded to authorize evidence thereof to be given upon the trial. McKyring v. Bull, 16 N. Y.…