Legal Opinion

Crafts v. Mott

New York Court of Appeals

Decided April 15, 1851PublishedCited by 5 opinions

Crafts brought an action of debt in the supreme court against Mott, upon a contract bearing date the 19th day of April, 1837, by which the defendant agreed to pay and indemnify Crafts against a bond and mortgage for $1300, which they had, on the 4th of March, 1836, jointly made to A. B. Johnson, on a joint purchase of certain real estate of him.

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Crafts brought an action of debt in the supreme court against Mott, upon a contract bearing date the 19th day of April, 1837, by which the defendant agreed to pay and indemnify Crafts against a bond and mortgage for $1300, which they had, on the 4th of March, 1836, jointly made to A. B. Johnson, on a joint purchase of certain real estate of him. The contract recited that Crafts and Mott, on the 4th day of March, 1836, purchased of Johnson Baid real estate, for said sum, and that they on the same day gave Johnson said bond and mortgage, payable [605] in eight equal annual payments with annual…

1Opinion of the CourtJewett, J.

Whether the discharge and certificate of a bankrupt, under the late bankrupt act, will operate as a discharge of a particular debt, contract or other engagement, when properly set up, depends entirely upon the question whether the debt, contract or other engagement, was provable under the act. Section four of the act provides that the discharge and certificate “ when duly granted, shall in all courts of justice, be deemed a full and complete discharge of all debts, contracts and other engagements of such bankrupt, which are provable under this act.” And section five declares that “ all…

2Cases cited1 opinion

  1. Morse v. HoveyNew York Court of Chancery · 1846

3Cited by5 opinions

  1. Magwire v. RigginSupreme Court of Missouri · 1869
  2. Mullendore v. WertzIndiana Supreme Court · 1881
  3. Hall v. HallIndiana Supreme Court · 1870
  4. In re DillonDistrict Court, D. Massachusetts · 1900
  5. Fisher v. TifftSupreme Court of Rhode Island · 1878

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