Willson v. Gomparts
New York Supreme Court
THIS was an action of assumpsit on a promissory Dote, made by Gomparts, Nathan, and Jacobs, partners in trade, &c. Gomparts -pleaded, -separately, his discharge under the “ act for the benefit of insolvent debtors and their creditors,” passed the 3d April, 1811. The plea, after stating the proceedings , , . under the act-, to entitle the defendant to his discharge, set it forth verbatim, dated 6th August, 1811, by which the defendant, ■ Gomparts, was discharged ic from all…
Read the full summary
THIS was an action of assumpsit on a promissory Dote, made by Gomparts, Nathan, and Jacobs, partners in trade, &c. Gomparts -pleaded, -separately, his discharge under the “ act for the benefit of insolvent debtors and their creditors,” passed the 3d April, 1811. The plea, after stating the proceedings , , . under the act-, to entitle the defendant to his discharge, set it forth verbatim, dated 6th August, 1811, by which the defendant, ■ Gomparts, was discharged ic from all debts due from him at the time of his said assignment, or contracted for before that time, though payable afterwards,”…
1Per curiam
This is a clear case. The insolvent is discharged from his joint as well as separate debts, for, as each partner is severally as well as jointly responsible for the partnership debts,they are equally his debts as those contracted by him individually. The defendants are entitled to judgment oh demurrer.
Judgment for the defendants.
2Cited by1 opinion
- Wilkins v. DavisDistrict Court, D. Massachusetts · 1876