Cromwell v. Burr
New York Court of Common Pleas
Appeal from a judgment of the general term of the marine court of the city of New York, affirming a judgment of that court entered upon the verdict of a jury, and an order denying a motion for new trial. The action was brought for the price of goods sold and delivered by the plaintiffs to the defendant. The. defense was a composition in bankruptcy, a tender of the amount of the composition, and' a refusal by the plaintiffs.
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Appeal from a judgment of the general term of the marine court of the city of New York, affirming a judgment of that court entered upon the verdict of a jury, and an order denying a motion for new trial. The action was brought for the price of goods sold and delivered by the plaintiffs to the defendant. The. defense was a composition in bankruptcy, a tender of the amount of the composition, and' a refusal by the plaintiffs. Upon the trial, the jury found for the plaintiffs for the amount of the composition only; whereupon the plaintiffs moved to set aside the verdict as inadequate and…
1Opinion of the CourtVan Hoesen, J.
Section 5119 of the Revised Statutes of the United States provides that a discharge in bankruptcy may be pleaded by a simple averment that on the day of its date it was granted to the bankrupt, setting forth a full-copy of the discharge in its terms as a full and complete bar to all suits brought on any debts, claims, liabilities or demands which were or might have been proved against the estate of the bankrupt in bankruptcy. Where a discharge is set forth in the answer, that is to say, where a full and complete copy thereof is inserted in the pleading, it is not necessary for the defendant…
2Cases cited2 opinions
- Turner v. . RobyNew York Court of Appeals · 1849
- Ex parte JewettDistrict Court, D. Massachusetts · 1875
3Cited by1 opinion
- Bailey v. KrausCity of New York Municipal Court · 1903