New York Supreme Court September 3, 1850 (Fox v. Woodruff)

By the Court, Welles, J.

The precise question involved in this case was elaborately examined in Dresser v. Brooks, (3 Barb. Sup. C. Rep. 429,) in which a majority of the court, in the fifth district, held that a discharge under the bankrupt act *499of 1841 might he pleaded in bar to an action upon a judgment founded on a debt existing when the bankrupt filed his petition, but which judgment was