Dupuy v. Harris
Court of Appeals of Kentucky
Error to the Mason Circuit. Debt. Case 117. The ease stated, It is competent ^bLirupt’ina lfterasaMsthdis’ charge, upon his pleaded^to reply and show that it was fraudulently-obtained. A certified copy of the inventory of a voluntary bankrupt, is competent evidence for plaintiff. If it has been amended defendant must show it.- -
1Opinion of the CourtChief Justice Ewing
Dupuy brought suit on a note for $900, against Harris $ the latter pleaded his certificate of discharge in bankruptcy in bar; Dupuy replied fraud, with notice, as required by the act of Congress, The Circuit Court instructed the jury as in case of nonsuit, and Dupuy has appealed to this Court.
The instruction given cannot be sustained.
It appears in proof that Harris, on the 20th of May, 1842, made over his household effects and personal goods to Dupuy, and assigned him a bond on one Robertson, for a number of stoves, retaining the power to vend and pay over to Dupuy so much of the proceeds of…
2Cited by2 opinions
- Lane v. RaileyCourt of Appeals of Kentucky (pre-1976) · 1939
- Pohlman v. PohlmanCourt of Appeals of Kentucky · 1912