Salters v. Tobias
New York Court of Chancery
This was a bill filed against a surviving partner, and the administrators of a deceased partner, to recover a debt due from the firm; it being alleged that the surviving partner was insolvent. The defence set up by the administrators, by way of plea, was that their intestate was discharged from his debts, in the spring of 1816, under the act of April, 1813, usually called the two thirds act.
Read the full summary
This was a bill filed against a surviving partner, and the administrators of a deceased partner, to recover a debt due from the firm; it being alleged that the surviving partner was insolvent. The defence set up by the administrators, by way of plea, was that their intestate was discharged from his debts, in the spring of 1816, under the act of April, 1813, usually called the two thirds act. The plea, after stating that the debt was contracted in this state subsequent to the passing of that act, alleged that the testator, on the 14th of February, 1816, being an inhabitant of the city of…
1Opinion of the Court
The Chancellob.
The principal question in this cause is as to the true construction of the insolvent act of Í813. If it required two thirds of all the domestic creditors to petition, in order to obtain a valid discharge from domestic debts, then the plea is defective, in form at least, in not averring that the petition was presented by the insolvent, in conjunction with so many of his creditors residing within the U. States, whose debts amounted to two thirds. The recital in the'discharge states the fact to be so ; but that is not sufficient, in a plea, to show that the recorder had…
2Cases cited3 opinions
- Bank of Columbia v. OkelySupreme Court of the United States · 1819
- Roosevelt v. KelloggNew York Supreme Court · 1822
- In re WendellNew York Supreme Court · 1821
3Cited by18 opinions
- State v. SchlenkerSupreme Court of Iowa · 1900
- Scott v. Smart's ExecutorsMichigan Supreme Court · 1849
- People Ex Rel. Champlin v. . GrayNew York Court of Appeals · 1906
- State v. MatthesSupreme Court of Iowa · 1930
- Bradford v. MetcalfMassachusetts Supreme Judicial Court · 1904
13 more not listed; retrieve them via the Exa API.