Moore v. Horton
New York Supreme Court
Appeal from a judgment entered upon the report of a referee, dismissing tbe plaintiff’s complaint. Tbe action was founded upon a judgment recovered in the courts of the Dominion of Canada, the only defense interposed was a discharge in bankruptcy granted to the defendant prior to the commencement of the action, in which the judgment sued upon was rendered. The facts are stated in the opinion of the court.
1Opinion of the Court
BARKER, J.:
The defendant in September, 1875, then a resident of the city of Buffalo, filed his voluntary petition in bankruptcy and was adjudged a bankrupt, and thereafter such proceedings were duly and regularly taken that a composition, proposed by the said defendant, of twenty-five cents on a dollar of his indebtedness was accepted by the requisite number and amount of his creditors, and the same was confirmed by the court. At the time of filing the petition the defendant was indebted to Hugh Moore, a resident of Canada, in the sum of $472, the balance due on a mercantile transaction…
2Cases cited4 opinions
- Ogden v. SaundersSupreme Court of the United States · 1827
- Lawrence v. . MillerNew York Court of Appeals · 1881
- Hoyt v. . ThompsonNew York Court of Appeals · 1851
- Eastern Townships Bank v. H. S. Beebe & Co.Supreme Court of Vermont · 1880