Steene v. Aylesworth
Supreme Court of Connecticut
This was an action of assumpsit, brought by Joseph Steene, assignee of the estate and effects of Henry C. Peck-ham, a bankrupt, under the late bankrupt act of Congress, against Eli Aylesworth, to recover the value of certain real estate conveyed by Peckham, before he became a bankrupt, to the defendant, and of divers goods, wares and merchandize, by him, before that time, sold and delivered to the defendant.
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This was an action of assumpsit, brought by Joseph Steene, assignee of the estate and effects of Henry C. Peck-ham, a bankrupt, under the late bankrupt act of Congress, against Eli Aylesworth, to recover the value of certain real estate conveyed by Peckham, before he became a bankrupt, to the defendant, and of divers goods, wares and merchandize, by him, before that time, sold and delivered to the defendant. The cause was tried, at Brooklyn, April adjourned term, 1846, before Waite, J. On the trial, the plaintiff claimed, that Peckham, the bankrupt, on the 27th of September,184.1, and before…
1Opinion of the Court
Williams, Ch. J.
1. The bankrupt law makes the certificate conclusive evidence of the discharge of the bankrupt, unless impeached for some fraud or willful concealment of his property. Here the fact that this property was not in the schedule, was claimed as sufficient evidence of fraud or willful concealment, so as to destroy the effect of the certificate. Surely, some other evidence was necessary to show a fraud, to vacate so solemn an instrument.
In addition to this, another guard is thrown around this certificate, viz. prior reasonable notice in writing, specifying the fraud or concealment.…
2Cases cited1 opinion
- Barstow v. AdamsSupreme Court of Connecticut · 1805
3Cited by7 opinions
- King v. RemingtonSupreme Court of Minnesota · 1886
- Wade v. StateSupreme Court of Alabama · 1874
- Gutterson v. MorseSupreme Court of New Hampshire · 1877
- Kimmins v. WilsonWest Virginia Supreme Court · 1875
- Bray v. BookerNorth Dakota Supreme Court · 1899
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