Howard v. Cobb
U.S. Circuit Court for the District of Connecticut
THIS was an action on a joint note, signed by Ashbel . Stanley and Jeduthan Cobb, but was brought against Cobb only, it being alleged, that Stanley, since the execution, had become a bankrupt under the laws United States. of the The defendant pleaded a ji’scharge in full to Stanley.
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THIS was an action on a joint note, signed by Ashbel . Stanley and Jeduthan Cobb, but was brought against Cobb only, it being alleged, that Stanley, since the execution, had become a bankrupt under the laws United States. of the The defendant pleaded a ji’scharge in full to Stanley. On this plea issue was joined, it being contended by the plaintiff, that the discharge was forged. offered the declarations of Stanley in evidence, to prove, that he had acknowledged the debt to be due, long after the discharge purported to have been executed. objected to the admission ©f this evidence, on the…
1Opinion of the Court
By the Court.
If Cobb should be compelled to pay this note, he could compel Stanley to indemnify him,(a) as it would be a debt accruing after the bankruptcy of Stanley. His declarations, therefore, may be proved.
The plaintiff obtained a verdict.
If the jury se~ snitted to them, and be-idi-e they have verdict, "and tuniaverdicT it will be aside. Rut. neither thejurors.nor the officer to •whose care they were committed, can be com-polled to testify to the fact of such separation.
The defendant moved in arrest of judgment. The principal ground was, that, the jury had separated, and mingled with the…
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