Stilwell v. Coope
New York Supreme Court
Error to Bangs C. P. Stilwell sued Coope before a justice in assumpsit, and recovered: the case went to the C. P. by appeal, where the plaintiff proved a demand against the defendant for work, &c., amounting to $29,50. The only controversy was' upon the set-off of a note which the plaintiff gave to the defendant on the 13th of August, 1842, for $114,47, payable 90 days after date. The plaintiff relied on his discharge as a bankrupt as an answer to the set-off.
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Error to Bangs C. P. Stilwell sued Coope before a justice in assumpsit, and recovered: the case went to the C. P. by appeal, where the plaintiff proved a demand against the defendant for work, &c., amounting to $29,50. The only controversy was' upon the set-off of a note which the plaintiff gave to the defendant on the 13th of August, 1842, for $114,47, payable 90 days after date. The plaintiff relied on his discharge as a bankrupt as an answer to the set-off. His petition for a dis charge was presented the 29th of December, 1842, and £ decree in bankruptcy was entered February 2, 1843. The…
1Opinion of the Court
By the Court, Bronson, Ch. J.
At the time of the conversation between the parties in the spring of 1843, there was no question but that the note was justly due to the defendant, and wholly unpaid. A promise, under such circumstances, that the note should be settled, could mean nothing less than that it should be paid. (Pinkerton v. Bailey, 8 Wend. 600.) This is enough without noticing the special circumstances mentioned in the case, which tend to the same conclusion.
The discharge only affects debts which the bankrupt owed at the time of presenting his petition. The note was made before that…
2Cases cited2 opinions
- Pinkerton v. BaileyNew York Supreme Court · 1832
- Tooker v. DoaneThe Superior Court of New York City · 1829
3Cited by12 opinions
- State v. StaubSupreme Court of Connecticut · 1892
- Lawrence v. . HarringtonNew York Court of Appeals · 1890
- Chilcott v. TrimbleNew York Supreme Court · 1852
- Knapp v. HoytSupreme Court of Iowa · 1881
- Jersey City Insurance v. ArcherNew York Court of Appeals · 1890
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