Legal Opinion

Morse v. Hovey

New York Court of Chancery

Decided April 7, 1846PublishedCited by 4 opinions

This was an appeal from a decretal order of the assistant vice chancellor, overruling a demurrer to the complainant’s bill. The facts of the case, and the opinion of the assistant vice chancellor, will be found in the report of the case before him. (1 Sand. Ch. Rep. 188.)

1Opinion of the Court

The Chancellor.

I concur in the opinion of thé majority of the justices of the supreme court, as expressed in the case of Kunzler v. Kohaus, (5 Hill’s Rep. 317,) that the voluntary provisions of the late bankrupt act were not unconstitutional; and that the discharge of a bankrupt, in conformity to such provisions, is valid as to pre-existing debts, as well as to debts contracted by him subsequent to the passage of that act. The federal constitution prohibits the states from passing any laws impairing the obligation of contracts. And congress has no such power, either as to previous or future…

2Cited by4 opinions

  1. Dresser v. BrooksNew York Supreme Court · 1848
  2. Morse v. CloyesNew York Supreme Court · 1851
  3. Crafts v. MottNew York Court of Appeals · 1851
  4. Crafts v. MottNew York Supreme Court · 1849

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