Trumbull v. Healy
New York Supreme Court
This was £i motion by special bail for an exoneretur, on the ground that the principal, since the judgment against him, had obtained a discharge under the act to exonerate the persons of debtors from imprisonment. The motion was resisted on the ground that the principal not being a resident of this state, came her a fraudulently for the purpose of obtaining his discharge.
1Opinion of the Court
By the Court,
Nelson, Ch. J.
As a general rule, the certificate of a bankrupt, or discharge of an insolvent debtor, is equivalent to a surrender in discharge of special bail; and an exoneretur will be entered on motion. The relief is summary, as the facts cannot be pleaded by way of defence to an action on the recognizance. 2 Bos. & Pull. 45. 1 Archb. Pr. 311. The bail are discharged in these cases without the trouble and expense of a surrender, because the principal is not liable to imprisonment on the debt.
In 1 Caines, 249, to an application for an exoneretur, the court refused to hear the…
2Cited by7 opinions
- DiRuscio v. PopoliMassachusetts Supreme Judicial Court · 1929
- Mosher v. People ex rel. ChildNew York Supreme Court · 1849
- Seaman v. DrakeNew York Supreme Court · 1803
- Robens v. SweetNew York Supreme Court · 1888
- Lewis v. . StevensNew York Court of Appeals · 1883
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