Buel v. Gordon

6 Johns. 126 | N.Y. Sup. Ct. | 1810

Per Curiam.

The 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.

The defendant cannot, therefore, plead his discharge. (Frost v. Carter, 1 Johns. Cases, 73.)