Hubbell v. Cramp
New York Court of Chancery
This was an appeal, by the defendant J. Cramp, from a decision of the vice chancellor of the fifth circuit, denying an application to dissolve an injunction, upon a creditor’s bill, so far as respected the appellant’s property. It appeared from the answer of the defendant Cramp, that he was the second endorser upon a business note, made by H. Proud, and endorsed by W. Draper, the other defendant in this suit.
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This was an appeal, by the defendant J. Cramp, from a decision of the vice chancellor of the fifth circuit, denying an application to dissolve an injunction, upon a creditor’s bill, so far as respected the appellant’s property. It appeared from the answer of the defendant Cramp, that he was the second endorser upon a business note, made by H. Proud, and endorsed by W. Draper, the other defendant in this suit. The note belonged to the complainants ,at the time Cramp applied for the benefit of the bankrupt act, in March, 1842, and it had been duly protested for non-payment. The defendant Cramp,…
1Opinion of the Court
The Chancellor.
The bankrupt act of August, 1841, makes the discharge and certificate, when duly granted, a full and complete discharge of all debts 'of the bankrupt which are provable under that act. And to render a debt provable under, the act, it is not necessary that it should have been stated in the petition, presented to the district court in which the proceedings in bankruptcy were instituted. For if the name of a creditor was left out of the list of creditors by mistake, or because the bankrupt was not aware of the existence of the debt, or because he supposed it had been paid by the…
2Cited by3 opinions
- Campbell v. . PerkinsNew York Court of Appeals · 1853
- Magoon v. WarfieldSupreme Court of Iowa · 1851
- Platt v. ParkerNew York Supreme Court · 1875