Harris v. Mandeville
Thomas Harris and Joseph Price against Joseph Mandeville, surviving partner of Charles Carrol John M'Gwire against same
Harris v. Mandeville, 2 Dall. 256 (Pa. 1796)
Headnotes
In the case of British subjects, a discharge by the bankrupt laws of England will protect the person of the bankrupt in this state.
Summary
Mr. Heatley for the defendant, moved to enter exonereturs on the bail pieces, in both actions.
It was admitted that all the parties lived in England, and that the defendant was duly declared a bankrupt there, and had obtained his certificate of conformity. A discharge by the law of one country will be a discharge in another. 2 Stra. 733. The present suit must be fruitless ; for if after the assignment of a bankrupt’s estate, a creditor knowing it and residing in England, attach the money of the bankrupt abroad, the assignee may recover it in an action for money received to their use. 4 Term Bep. 182. The case of Bailan tine v. Golding, (Cook’s Bankr. Law, 347, 1st edit.) is expressly in point. So is Miller v. Hall. Dallas 229. So was Crafton v. Coulson, lately in France, wherein it was determined that the assignees of a bankrupt should prevail against attachment creditors.
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Opinion of the Court
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Per etvr.
Let the exonereturs be entered.
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Cited by 3 cases
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