Smith v. Bennett
New York Supreme Court
Insolvent discharge. The plaintiffs declared on a judgment rendered in this court in favor of Guy Wheeler against the defendant, in July, 1831, for $174’28, in an action of tresspass, assault and battery ; and averred [480] that they were the assignees oi such judgment, that Wheeler was dead, and that no executor or administrator was appointed upon his estate.
Read the full summary
Insolvent discharge. The plaintiffs declared on a judgment rendered in this court in favor of Guy Wheeler against the defendant, in July, 1831, for $174’28, in an action of tresspass, assault and battery ; and averred [480] that they were the assignees oi such judgment, that Wheeler was dead, and that no executor or administrator was appointed upon his estate. Sec Session Laws of 1835, p. 229. The defendant pleaded first, nil debet, and second, an insolvent discharge from all his debts, granted 14th February, 1834. The plaintiffs replied that the discharge was obtained per fraudem. The issues…
1Opinion of the Court
By the Court,
Bronson, J.
The statute requires that the petition shall be signed by the insolvent and the creditors who unite in it (2 R. S. 16, §3). The plea alleges that the insolvent, in conjunction with his creditors, did present a petition, praying, &c. It is necessarily implied in this allegation, that the parties to the petition,assented to the matters contained in it. The plea is in this respect sufficient—especially after verdict.
The second objection to the plea is fatal. The first clause of the 30th section of the statute, which declares the effect of the discharge, only extends to…
2Cited by2 opinions
- Watson v. BourneMassachusetts Supreme Judicial Court · 1813
- Grocers' National Bank v. ClarkNew York Supreme Court · 1866