Scott v Clare
| Jurisdiction | England & Wales |
| Judgment Date | 27 May 1812 |
| Date | 27 May 1812 |
| Court | High Court |
English Reports Citation: 170 E.R. 1366
IN THE COURTS OF KING'S BENCH AND COMMON PLEAS
Wednesday, May 27, 1812. scott v. clare. (To prove that the plaintiff was discharged under an insolvent Act after the cause of actaen accrued and before action brought, it is not enough to give in evidence a parol acknowledgment by him , but the clerk of the peace should be called, ami the order o sessions produced to shew the regularity of the discharge.) Goods sold.-Plea, the general issue One defence set up was, that the plaintiff had been discharged under an insolvent debtor's Act after the cause of action had accrued, and before the action was brought. -To prove the discharge, the defendant's counsel proposed to give in evidence a verbal acknowledgment by the plaintiff himself, upon the question being put to him.^But 3 CAMP 237. OVIKGTON V. BELL 1367 Lord Eilenborough said this was insufficient, as the discharge might be irregular and void, and the plaintiff might be mistaken , and that to prove a judicial...
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