Riggin v. Magwire
Supreme Court of the United States
Error to the Supreme Court of t'he State of Missouri. Magwire sued Biggin in the Circuit Court of St. Louis County, Missouri, to recover damages for a breach of covenant. The defendant pleaded a discharge under the Bankrupt Act of 1841, obtained in June, 1843, but his plea was disallowed, both by the lower court and by the Supreme Court of Missouri on appeal. He, therefore, brought the case here by writ of error.
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Error to the Supreme Court of t'he State of Missouri. Magwire sued Biggin in the Circuit Court of St. Louis County, Missouri, to recover damages for a breach of covenant. The defendant pleaded a discharge under the Bankrupt Act of 1841, obtained in June, 1843, but his plea was disallowed, both by the lower court and by the Supreme Court of Missouri on appeal. He, therefore, brought the case here by writ of error. The case was this: On the 2d of December, 1839, Biggin conveyed a certain tract of land near St. Louis to one Ellis, in fee. The operative words of the conveyance were “grant,…
1Opinion of the CourtJustice Bradley
It is argued that under the right given by the fifth section of the Bankrupt Act of 1841 to prove “ uncertain and contingent demands,” the claim in this case could have been proven under the act. But the better opinion is, that as long as it remained wholly uncertain whether a contract or engagement would ever give rise to an actual duty or liability, and there was no means of removing the uncertainty by calculation, such contract or engagement was not provable under the act of 1841. See 1 Smith’s Leading Cases, ‡ notes to Mills v. Auriol, by Hare. In 1843 Martin Thomas was still living, and…
2Cited by34 opinions
- Dunbar v. DunbarSupreme Court of the United States · 1903
- Maynard v. ElliottSupreme Court of the United States · 1931
- Deane v. CaldwellMassachusetts Supreme Judicial Court · 1879
- Wolf v. StixSupreme Court of the United States · 1879
- Hutchinson v. DeeCourt of Appeals for the First Circuit · 1901
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