McDougall v. Page
Supreme Court of Vermont
Assumpsit. Heard on a referee’s report, February Term, 1879, Orleans County, Redfield, J., presiding. Plea, discharge in bankruptcy. Replication, a foreign contract, a foreign creditor, and a new promise. Judgment pro forma for the defendant.
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Assumpsit. Heard on a referee’s report, February Term, 1879, Orleans County, Redfield, J., presiding. Plea, discharge in bankruptcy. Replication, a foreign contract, a foreign creditor, and a new promise. Judgment pro forma for the defendant. The referee found the following facts: The debt was contracted in Canada, October 19th, 1874. At that time and since the plaintiffs were residents in Canada, and carried on business there; at the same time the defendant was a resident in Vermont. On the 24th day of December, 1874, the defendant filed in the U. S. District Court for the District of…
1Opinion of the Court
The opinion of the court was delivered by
• Rowell, J.
These cases were heard together. They are alike in legal substance, except that in the McDougall case there is a question of a new promise, which we dispose of in limine by saving that no clear, distinct, and unequivocal promise is found, which is essential to the revival of a debt that is barred by a discharge in bankruptcy. Allen & Co. v. Ferguson, 18 Wall. 1. Indeed no promise whatever to pay is found, but only an attempt to compromise shown.
The main question is this : Does a discharge under the United States Bankrupt Act operate in the…
2Cases cited15 opinions
- Pritchard v. NortonSupreme Court of the United States · 1882
- Baldwin v. HaleSupreme Court of the United States · 1864
- Booth v. ClarkSupreme Court of the United States · 1855
- Suydam v. BroadnaxSupreme Court of the United States · 1840
- Allen & Co. v. FergusonSupreme Court of the United States · 1874
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3Cited by7 opinions
- Morency v. LandrySupreme Court of New Hampshire · 1919
- National Fire Insurance v. ChambersNew Jersey Court of Chancery · 1895
- Roberts v. AthertonSupreme Court of Vermont · 1888
- Ruszits v. HilliardSupreme Court of Vermont · 1885
- Ball v. CohenSupreme Court of Vermont · 1970
2 more not listed; retrieve them via the Exa API.