Taylor v. Williams
New York Supreme Court
IN ERROR, on certiorari to a Justice’s Court. O. and J. Williams brought an action of debt against Taylor, in the Justice’s Court.
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IN ERROR, on certiorari to a Justice’s Court. O. and J. Williams brought an action of debt against Taylor, in the Justice’s Court. Taylor pleaded his discharge under the insolvent act of April, 1813. The discharge was dated December 22, 1818. The plaintiffs replied, that the discharge was fraudulent and void, because the consideration of Taylor’s debts was not specified and clearly set forth in his inventory, according to the provisions of the act of the 28th of February, 1817, (sess. 40. eh. 55.) which requires that the insolvent debtor “ shall specify and set forth clearly the true cause…
1Per curiam
The defendants in error contend, that the statute of the 28th of February, 1817, (sess. 40. ch. 55.) ought to receive the same construction as the act (sess. 41. ch. 25.) requiring specifications on judgments by confession. We think, however, that there is ground for a different construction. There is some difference in the phraseology of the two statutes; and there is some difference, also, in the • reason of the case. In the case of insolvency, the inven*22tory and specification of debts are preliminary, and the opposing creditor has his day to investigate and oppose, at the hearing before the…
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- Rich v. SalingerNew York Court of Common Pleas · 1860
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