Joseph Rosenheim & Co. v. Morrow

Citations

• 37 Fla. 183

Syllabus

<p>STATE INSOLVENT LAWS — CHARGE ERRONEOUS ONLY IN PARTY’S PAVOR.</p> <p>1. The several States of the American Union have power to enact insolvent or bankruptcy laws, applicable within their respective territories, so long as the Congress of the United States abstains from exercising its exclusive power to provide a general bankruptcy law.</p> <p>2. State insolvent laws are effective to discharge the debtor from all debts contracted subsequent to the enactment of the law and that are due to citizens of the State under whose law the discharge is claimed.</p> <p>3. State insolvent laws can not and do not affect debts due .to non-resident creditors, unless such creditor voluntarily makes himself a party to the insolvent proceedings instituted under such State law.</p> <p>4. By proving his debt and presenting it ‡0 the assignee in the insolvent proceedings and accepting a dividend thereunder, the non-resident creditor subjects his claim to the jurisdiction of the State insolvent law, and is bound by the debtor’s discharge thereunder, so that his debt is barred thereby.</p> <p>5. Where the only error in a charge consists in its statement of a proposition entirely in favor of the party questioning it, it is, as to him, harmless -error.</p>