In re H. Hurst
New York Supreme Court
Certiorari in case of insolvency. Hurst presented his petition in May, 1830, to a commissioner, to be discharged as an insolvent debtor from the payment of his debts. On the day appointed for his creditors to shew cause, viz, in August, 1830, one of them appeared and objected to his discharge, on the ground that in the account of creditors exhibited, the consideration of the debts stated to be owing to several of them was not set forth.
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Certiorari in case of insolvency. Hurst presented his petition in May, 1830, to a commissioner, to be discharged as an insolvent debtor from the payment of his debts. On the day appointed for his creditors to shew cause, viz, in August, 1830, one of them appeared and objected to his discharge, on the ground that in the account of creditors exhibited, the consideration of the debts stated to be owing to several of them was not set forth. The commissioner, on proof that the omission was by mistake, permitted the account to be amended. The debtor was then sworn, at the request of the creditor,…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The discharge of the insolvent is sought to be set aside, on the ground that the confe ssion of the judgment was a jfraud upon the law, and on the' further ground that the proceedings should have been dismissed, because the consideration of the debts of some of the creditors was not specified in the original inventory.
It seems to be an answer to the latter objection, that the proceedings were amended, and the consideration inserted in the account before any investigation took place. Had the discharge been granted upon the defective proceedings, it would have been…
2Cases cited1 opinion
- McNair v. GilbertNew York Supreme Court · 1829
3Cited by6 opinions
- Fecheimer v. RobertsonSupreme Court of Arkansas · 1890
- In re ReimanU.S. Circuit Court for the District of Southern New York · 1875
- National Broadway Bank v. Wessell Metal Co.New York Supreme Court · 1891
- Wood v. BolardNew York Court of Chancery · 1841
- Kingsley v. First National BankNew York Supreme Court · 1884
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