Coates v. Simmons
New York Supreme Court
This was an action of assumpsit, on two promissory notes which became due July 2d, 1838. The defendant pleaded first the general issue, and secondly a discharge under the U. Stales bankrupt act of 1841, obtained June 10, 1842. In the second plea it was alleged that “ the defendant being a resident of the town of Watervliet, county of Albany and northern district of the state of New-Yorb, and being a bankrupt, within the meaning of, and entitled to the benefit of the act of…
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This was an action of assumpsit, on two promissory notes which became due July 2d, 1838. The defendant pleaded first the general issue, and secondly a discharge under the U. Stales bankrupt act of 1841, obtained June 10, 1842. In the second plea it was alleged that “ the defendant being a resident of the town of Watervliet, county of Albany and northern district of the state of New-Yorb, and being a bankrupt, within the meaning of, and entitled to the benefit of the act of congress entitled “ An act to establish a uniform system of bankruptcy,” &c. &c. “ did duly present, «fee. a petition,”…
1Opinion of the Court
By the Court, Parker, J.
I am not prepared to say that the replications in this case are bad, though it would have been better not to allege both fraud and wilful concealment. Either would have made a good replication, under the fourth section of the bankrupt act, which provides that the discharge maybe impeached for fraud or wilful concealment of property. The replication, however, charges but a single act. Both words are used as applicable to the transaction specially set forth ; and a wilful concealment of property, under the circumstances slated, is certainly a fraud also. The replication,…
2Cases cited3 opinions
- Brereton v. HullCourt for the Trial of Impeachments and Correction of Errors · 1845
- Varnum v. WheelerCourt for the Trial of Impeachments and Correction of Errors · 1845
- Maples v. BurnsideCourt for the Trial of Impeachments and Correction of Errors · 1845