Post v. Riley
New York Supreme Court
THE plaintiff brought an action of covenant against Riley, for the non-payment of rept, on a lease dated Fe-bruary 3, 1807, düe the 1st day oí May, 1812. The defend-ant on 1st May,'i 812, obtained his discharge, under the “ ac^ for ^ie °f insolvent debtors and their creditors passed April 3, 1811, (sess. 34. ch. 123.) The defend-x * v J ant was arrested on a capias ad resp• returnable in Mojf 1817, and put in special bail.
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THE plaintiff brought an action of covenant against Riley, for the non-payment of rept, on a lease dated Fe-bruary 3, 1807, düe the 1st day oí May, 1812. The defend-ant on 1st May,'i 812, obtained his discharge, under the “ ac^ for ^ie °f insolvent debtors and their creditors passed April 3, 1811, (sess. 34. ch. 123.) The defend-x * v J ant was arrested on a capias ad resp• returnable in Mojf 1817, and put in special bail. To the declaration filed in the cause, he pleaded, 1st, The general issue; 2nd, His discharge under the act. On the 3d March, 1819, the plaintiffs demurred to the plea of…
1Per curiam
The defendant, although his plea of discharge, so far as it went to his absolute discharge from the debt, was overruled, ought to have pleaded it specially, in discharge of his person from arrest and imprisonment, which is the proper mode of availing himself of it. The motion must be denied.
Motion denied.
2Cited by4 opinions
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