11 Johns. 194
Decided May 15, 1814
New York Supreme Court · decided 1814-05-15
FAY, for the defendant, moved that an exoneretur be entered on the bail piece filed in this cause. It appeared that the debt for which the present suit was brought, was contracted in the state of Pennsylvania, where the parties were at that time resident, and that the defendant, on the 27th March, 1812, obtained a discharge under the insolvent laws of that state, from imprisonment, and from all liability of his person, for any debts, before that time contracted.
Good law ✅— No negative treatment on recordhow we know
Decided 1814-05-15
Cited by 5 later decisions — most recently May 1889
4 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1It is impossible to distinguish this case from that of Smith v. Spinolla. That case was decided on a sound principle, that if a foreign creditor pursues his debtor here, he is entitled to the remedy provided by our own laws. We look oniy to the course of proceedings established in our own courts. The lex loci contractus is not applicable on this motion. When the cause comes to issue, and the discharge is pleaded, it will be time enough to consider of its effect.
¶2Motion denied.