New York Supreme Court, 1825

Ex parte Thayer

New York Supreme Court · Decided February 15, 1825

4 Cow. 66

Counsel

H. A. Wisner, now moved for a mandamus, commanding the Judge to receive and act upon the application., W. M. Oliver, contra, said he supposed the statute contemplated a discharge from debts due upon contract only., E. Cowen, in reply, said that the words of the discharge are general, debt or debts, which clearly include all demands upon judgment, for whatever cause.

Opinion of the Court

The Court were clear that the words debt or debts, used in the act, extended to demands due on judgment, whether upon tort or contract; and they said it had so been holden before.(a)

Motion granted.

See The People v. The Marine Court of New York, (3 Cowen’s Rep. 366,) where the same construction was given to the act for the relief of debtors, with respect to the imprisonment of their persons. (1 R. L. 348.)

Case-law data current through December 31, 2025. Source: CourtListener bulk data.