Whittemore v. Adams
New York Supreme Court
Assumpsit, on divers promissory notes, dated after the 3d of March, 1803, at Alexandria, in the District of Columbia= made bY defendant.
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Assumpsit, on divers promissory notes, dated after the 3d of March, 1803, at Alexandria, in the District of Columbia= made bY defendant. Plea, “ that he cannot .deny the said action of the said plaintiff, nor but that he did undertake and promise, in manner and form as the said plaintiff hath above thereof complained against him, nor but that the said plaintiff ought to recover against him, the said defendant, his damages sustained on occasion of the not performing of the said several promises and undertakings of him, the said defendant; but tbe said defendant, in pursuance of the act of…
1Opinion of the Court
Curia.
The defendant relies upon an insolvent discharge granted pursuant to an act of the Congress of the United States, for the relief of insolvent debtors within the district of Columbia. (6 U- S. L. old ed. 294.)' The 10th section of that act declares its effect. If a debtor is arrested for any debt contracted before the dischargi, the Court issuing th,c *632process, or a Judge, are to release him on common bail This discharge is founded on a cessio bonorum, but all the subsequent acquisitions of the debtor remain liable to execution.
Giving to this discharge all the effect which can possibly be…
2Cases cited11 opinions
- Mills v. DuryeeSupreme Court of the United States · 1813
- Hampton v. M'connelSupreme Court of the United States · 1818
- McCulloch v. MarylandSupreme Court of the United States · 1819
- Ruggles v. KeelerNew York Supreme Court · 1808
- Pearsall v. DwightMassachusetts Supreme Judicial Court · 1806
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3Cited by8 opinions
- Federal Insurance v. FriesCivil Court of the City of New York · 1974
- Brand v. BrandCourt of Appeals of Kentucky · 1903
- Joice v. ScalesSupreme Court of Georgia · 1855
- Van Valen v. LaphamThe Superior Court of New York City · 1856
- Orcutt v. ButlerSupreme Judicial Court of Maine · 1856
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