Legal Opinion · Dissent

Cromwell v. Gallup

New York Supreme Court

Decided January 15, 1879Published

Appeal from a judgment in favor of tlie defendant, entered upon a verdict directed by the court.

1DissentLearned, P. J.

The point,where I am unable to assent to the opinion oí my brother Tardan is on the composition proceedings. The United States Statute of 1874 added to the forty-third section of the bankrupt act certain provisions, by which the creditors might accept a composition from the debtor. (Stat. at Large, vol. 18, § 17, p. 182.) Such composition, if made and approved, takes the property of the debtor from the control of the court and out from all bankruptcy proceedings. By the terms of the act the composition is binding on all creditors whose names and addresses, and amount of debts, are shown in…

2Cases cited4 opinions

  1. Frost v. . MottNew York Court of Appeals · 1866
  2. Mudge v. WilmotMassachusetts Supreme Judicial Court · 1878
  3. Rinchey v. StrykerNew York Court of Appeals · 1865
  4. Sage v. HellerMassachusetts Supreme Judicial Court · 1878

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