Tooker v. Doane
The Superior Court of New York City
This cause was transferred from the Supreme Court to this court, by a consent of parties, and the questions raised in it were presented by a case made.
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This cause was transferred from the Supreme Court to this court, by a consent of parties, and the questions raised in it were presented by a case made. The action was debt on a bond for four thousand dollars, bearing date the first of September, 1815, with a condition for the payment of one thousand dollars in one year from its date, and a further sum of one thousand dollars on the first day of September, 1817. The defendant pleaded a discharge, bearing date the 21st of August, 1816, under the 9th section of the “ act for giving relief in cases of insolvency,” passed April 12, 1813. The…
1Opinion of the CourtJones, C. J.
It is clear that the discharge, which is admitted by the replication in this case, is a bar to the action, unless the matter set forth in the replication, has been established by the evidence, and is sufficient to obviate the effect of the discharge, and remove the bar it created. The substance of the replication is, that the defendant has waived the benefit of the discharge, by a subsequent recognition of the bond as obligatory upon him, and the ratification of it as a subsisting debt.
It is settled, that a subsequent promise to pay, will avoid the operation of a discharge, which would…
2Cited by2 opinions
- Stilwell v. CoopeNew York Supreme Court · 1847
- Brown v. BrownThe Superior Court of New York City · 1865