Gilman v. Lockwood

• Decision Date: 01 December 1866
• Citation: Gilman v. Lockwood, 4 Wall. 409, 71 U.S. 409, 18 L.Ed. 432 (1866)
• Parties: GILMAN v. LOCKWOOD
• Court: U.S. Supreme Court

71 U.S. 409

18 L.Ed. 432

4 Wall. 409

GILMAN v. LOCKWOOD.

December Term, 1866

ERROR to the Circuit Court of the United States for the District of Wisconsin. The case was a submitted one.

Mr. Carpenter, by brief, for the plaintiff in error. No opposite counsel.

Mr. Justice CLIFFORD delivered the opinion of the court.

Amended plea of the defendant admitted, as the declaration alleged, that the plaintiff, when the note was made and delivered, was a citizen of the State of New York; and that the defendant was a citizen of the State of Wisconsin, where the note is dated and was executed. Action was assumpsit to recover the amount of a certain promissory note, described in the notice of claim annexed to the declaration. Defendant pleaded his discharge in insolvency from all his debts prior to the commencement of the action under the insolvent laws of the State where he resides, and where the contract was executed between the parties. Plaintiff demurred specially to the plea, and the defendant joined in demurrer.

Causes of demurrer shown were:

First. That the plea tendered an immaterial issue.

Second. That the insolvent court exceeded its jurisdiction in attempting to determine the rights of the plaintiff under this contract, as he was a citizen of another State, and never became a party to the proceedings in insolvency.

Third. That the discharge in insolvency set up in defendant's plea is nugatory, because the insolvent law of the State as to the plaintiff is unconstitutional and void.

Circuit Court overruled the demurrer and rendered judgment for the defendant; whereupon the plaintiff sued out this writ of error and removed the cause into this court.

State legislatures may pass insolvent laws, provided there be no act of Congress establishing a uniform system of bankruptcy conflicting with their provisions, and provided that the law itself be so framed that it does not impair the obligation of contracts....