Blythe v. Johns
Supreme Court of Pennsylvania
IN ERROR. ERROR to the Common Pleas of Franklin county. . 1 he plaintiff below, Johns, brought an action of debt on two bonds, to which the defendants pleaded payment, with leave to give the special matter in evidence; and Blythe for himself pleaded, that he was a certificated bankrupt. The plaintiff replied to this plea, that Blythe was not a certificated bankrupt, and that the certificate was obtained unfairly and by fraud; upon which issue was joined.
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IN ERROR. ERROR to the Common Pleas of Franklin county. . 1 he plaintiff below, Johns, brought an action of debt on two bonds, to which the defendants pleaded payment, with leave to give the special matter in evidence; and Blythe for himself pleaded, that he was a certificated bankrupt. The plaintiff replied to this plea, that Blythe was not a certificated bankrupt, and that the certificate was obtained unfairly and by fraud; upon which issue was joined. Upon the trial of the cause, the defendant, Blythe, having produced his certificate of conformity duly certified agreeably to the act of…
1Opinion of the Court
Tilghman C. J.
This is an action of debt upon bond, brought by Johns the plaintiff below, against Blythe and Nicholson. Blythe pleaded that he had been discharged as a certificated bankrupt, under the act of Congress of the United States, and that the cause of action accrued previous to the time of his bankruptcy. The plaintiff replied that the certificate was unfairly obtained, and thereupon issue was joined. On the trial, the plaintiff offered evidence to prove that Blythe was not a trader within the meaning of the act of bankruptcy. This evidence was objected to, and admitted by the Court,…
2Cases cited1 opinion
- Pleasants v. MengSupreme Court of the United States · 1788