A tort is not a debt.27 Damages for torts, not reduced to the form of judgment, are therefore, not proveable in bankruptcy proceeding, and are not released by a discharge in bankruptcy.28 Constitutional provisions against imprisonment for debt do not prevent imprisonment for non-payment of judgments growing out of torts.29

A tort is not a chose in action.30 The general rule is that the right of action for a pure tort is not assignable;31 but this rule has been somewhat modified, and the better rule now is, that, the right of action for damages to property, but not to the person, may be assigned.32 Liability in tort is a good consideration for a promise to pay damages;33 and damages growing out of tort may be compromised.34

23 See Subject of Agency, Volume III, Subject 7.

24 See subject of Partnership, Volume VIII, Subject 23.

25 See subject of Domestic Relations, Vol. IV, Subject 10.

26 Id

27 American and English Ency. of Law, Vol. VIII, p. 991. Damages for trespass not a debt, 6 Hill, (N. Y.) 252. Damages by slander or libel not a debt. Zimmer vs. Schleehauf, 115 Mass., 52.

28 Hapgood vs. Blood, 11 Gray, 400;

Hun vs. Cary, 82 N. Y., 65.

29 Long vs. McLean, 88 N. Car., 3;

Howland vs. Needham, 10 Wis.,

495; Jones vs. Kelly, 17

Mass., 116; Rich vs. People, 66 III, 513. 30 Deshler vs. Dodge, 16 How., 622;

Gibson vs. Gibson, 43 Wis., 32. 31 American and English Enc. of Law, Volume II, p. 1026;

Kansas Midland R. Co., vs.

Brehm, 54 Kan., 751.

32 Finn vs. Corbett, 36 Mich 318;

Hude vs. Tuffts, 45 N. Y., Super Ct., 56.