Seaman v. McReynolds
The Superior Court of New York City
Motion under section 1268 of the Code to cancel and discharge of record judgments in favor of plaintiff, and against defendant, recovered in' this court — one on May 28, 1875, for $1,591.36, and another for $436.04, on March 25,1876 — by reason of defendant’s discharge in bankruptcy on October 15, 1880.
1Opinion of the CourtO’Gorman, J.
The following objections are raised by affidavit on part of the plaintiff:
First. That the judgments were recovered, not against defendant alone, but jointly with Thomas O’Callaghan, and are not the judgments covered by the discharge of the bankrupt.
Second. That plaintiff had no knowledge, actual or constructive, of the bankruptcy proceedings and no notice was served on or mailed to him, although he was a well known resident of the city of New York; that he was not named in the proceedings as a creditor, but that one “ William Seaman ” was named as a judgment creditor, and notice appears to…
2Cases cited2 opinions
- Ayres v. ScribnerNew York Supreme Court · 1837
- Small v. GravesNew York Supreme Court · 1850
3Cited by1 opinion
- Crouse v. WhittleseyNew York Supreme Court · 1891