In re Pulver
New York Supreme Court
Certiorari to vacate an insolvent’s discharge. The recorder of Hudson, on the application of Pulver, for a discharge under the insolvent act to exempt his body from imprisonment, made an order for the creditors of Pulver to shew cause before him, at his office, on the tenth day of December, 1828, at ten o’clock in the forenoon, why such discharge should not be granted.
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Certiorari to vacate an insolvent’s discharge. The recorder of Hudson, on the application of Pulver, for a discharge under the insolvent act to exempt his body from imprisonment, made an order for the creditors of Pulver to shew cause before him, at his office, on the tenth day of December, 1828, at ten o’clock in the forenoon, why such discharge should not be granted. On the appointed day, at a few minutes after ten A. M., Pulver appeared before the recorder, produced due proof of the publication of the order to shew cause, and demanded that an order of assignment should be made; such order…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The only question in this matter is, whether the judge or commissioner, to whom an insolvent applies for a discharge, is obliged to wait any time after the hour appointed for the creditors to appear and shew cause.
In this case a creditor appeared thirty minutes after the time; the order for the assignment had been made, the assignment executed, and the discharge was signed but not delivered. It is contended that the officer, in a case like this, should wait one hour. In Shufelt v. Cramer, 20 Johns. R. 309, this court said a justice was bound to wait a reasonable…
2Cited by1 opinion
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