6 Johns. 126
Decided May 15, 1810
New York Supreme Court · decided 1810-05-15
AFTER the judgment against the special bail in this cause, who had become fixed, the principal was discharged under the insolvent act. A ca. sa. was then issued against the bail, who, being takensein execution, paid the debt, and then brought this action against the principal, to recover the amount. And the question was, whether the principal could plead his discharge in this suit, brought against him by the bail.
Cited by 2 later decisions (1 by the Supreme Court) — most recently May 1889
Good law ✅— No negative treatment on recordhow we know
Decided 1810-05-15
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¶1The debt was not made certain, until after the defendant’s discharge. It is like the case of a surety paying a debt after the discharge of the principal. The debt must be certain and fixed, at the time of the insolvent’s assignment.
¶2The defendant cannot, therefore, plead his discharge. (Frost v. Carter, 1 Johns. Cases, 73.)