5 Barb. 305 | N.Y. Sup. Ct. | 1849
Many of the earlier decisions of the English courts, some of which are relied upon by the plaintiff, are no longer authority as evidence of the law, either in England or in this country. In England the bankrupt acts were from time to time modified and amended so as to provide, for many of the difficulties, and relieve from many of the
By the late bankrupt act of the United states, section five, it was provided that “ all creditors whose debts are not due and payable until a future day, all annuitants, holders of bottomry and respondentia bonds, holders of policies of insurance, sureties, endorsers, bail, or other persons having uncertain or contingent demands, against such bankrupt shall be permitted to come in and prove such debts or claims under this act,” &c.
There can be no doubt that if the plaintiff occupied the relation of a surety to the defendant in respect of the debt to
The motion to set aside the report of the referee is denied.