Kingston v. Wharton
Supreme Court of Pennsylvania
THE defendant on the 12th December, 1800, made a promissory note in favour of the plaintiff for 1000 dollars, , payable in sixty days, which was indorsed by the plaintiff for the defendant’s accommodation, and discounted by the Bank .of the United States.
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THE defendant on the 12th December, 1800, made a promissory note in favour of the plaintiff for 1000 dollars, , payable in sixty days, which was indorsed by the plaintiff for the defendant’s accommodation, and discounted by the Bank .of the United States. On the 29th December, 1800, the defendant wrote a letter to the plaintiff, in which he expressed his regi'et, that it would not be in his power to take up the ’ note when it should become due, and declared, “ the moment “I am able to relieve you, I will.” On the 13th February, 1801, the note became due, and was taken up by the plaintiff…
1Opinion of the Court
Tilghman C. J.
after stating the facts, delivered the following opinion : The plaintiff did not prove any debt under the commission, and the objection to his recovery in this suit is, that the debt was discharged, under the commission. Every debt which was due, or owing, at the time the defendant became bankrupt, or which might have been proved under the commission, was discharged; but it is contended, by the plaintiff, that the debt on which this suit is brought, was not then due, nor could it be proved under the commission, that the promise'was contingent, and if the defendant had never been…
2Cases cited1 opinion
- Stevens v. TownsendMichigan Supreme Court · 1843
3Cited by2 opinions
- Eckler v. GalbraithCourt of Appeals of Kentucky · 1876
- Mason v. HughartCourt of Appeals of Kentucky · 1849