Reed v. Gordon
New York Supreme Court
P. A. Jay, moved to discharge the defendants on com-1X1011 They were both discharged, under the “ act for giving relief in cases of insolvency(Sess. 36, c. 98,1 R. L. & " f , T J v , TT ’ T ’ 460,) on the 25th January, 1819, by the Hon. tl. Garnson, Judge of Putnam County ; and they were now arrested and held to bail on a capias ad. resp. for a debt which was due llef°re the assignment.
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P. A. Jay, moved to discharge the defendants on com-1X1011 They were both discharged, under the “ act for giving relief in cases of insolvency(Sess. 36, c. 98,1 R. L. & " f , T J v , TT ’ T ’ 460,) on the 25th January, 1819, by the Hon. tl. Garnson, Judge of Putnam County ; and they were now arrested and held to bail on a capias ad. resp. for a debt which was due llef°re the assignment. The affidavits to oppose the motion went to establish fraud in obtaining the discharges, in ,. . , . . J secreting property and m procuring persons to become petitioning creditors, to whom nothing was due, or…
1Opinion of the Court
*51Jay, said that this application involved a mere question of law. The practice in the English Courts, is uniformly to order common bail, where the defendant has obtained his certificate under the bankrupt law,(a) or his discharge under the insolvent act.(b) The validity of these discharges cannot be gone into, upon ex parte affidavits. They were granted under the two thirds act, the 8th section of which (1 R. L. 464,) provides, that they shall be conclusive evidence of the facts which they contain.
The 13th section, (1 R. L. 466,) provides for the specific!? cases in which the discharge may be…
2Cases cited3 opinions
- Taylor v. WilliamsNew York Supreme Court · 1822
- Noble v. JohnsonNew York Supreme Court · 1812
- Lester v. Thompson & WhiteNew York Supreme Court · 1806
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