Strader v. Baldwin

THIS case was brought up, from the Supreme Court of the State of Ohio, within and for the County of Hamilton, by a writ of error issued under the twenty-fifth section of the Judiciary Act.

The case arose in this way.

Baldwin was a clerk in the Commercial Bank of Cincinnati. In 1844, the trustees of the bank brought an action of assumpsit against him for $10,000. Baldwin pleaded, amongst other matters, that he had received a discharge under the bankrupt law passed by Congress. The plaintiffs filed a replication, that the debt was contracted whilst Baldwin was acting in a fiduciary capacity, and therefore not discharged from the debt. The defendant demurred to this replication, which demurrer was sustained by the Superior Court, and also by the Supreme Court of Ohio on error.

The plaintiffs then brought the case to this court, under the twenty-fifth section of the Judiciary Act.

It was argued by Mr. Walker, for the plaintiffs in error, and Mr. Lincoln, for the defendant in error.

The question of jurisdiction was not argued by either counsel.

Mr. Justice GRIER delivered the opinion of the court.