Schroeder v. . Frey
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made June 28, 188'6, which affirmed a judgment in favor of plaintiffs, entered upon a verdict directed bjr the court. This action was commenced in 1877 to recover upon an alleged indebtedness for goods sold by the plaintiffs to the defendants.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made June 28, 188'6, which affirmed a judgment in favor of plaintiffs, entered upon a verdict directed bjr the court. This action was commenced in 1877 to recover upon an alleged indebtedness for goods sold by the plaintiffs to the defendants. At that time an involuntary petition in bankruptcy had been filed against the defendants, pursuant to the act of congress of 1867, in the United States District Court of the southern district of Uew York, and the proceedings in…
1Opinion of the CourtBradley, J.
The defense rested upon the discharge of the defendants in bankruptcy. For the purpose of overcoming the force of such discharge, the plaintiffs offered evidence tending to prove that the debt to recover which the action was brought was contracted in fraud by the defendants, that is to say, that they, by fraudulent representations, induced the plaintiffs to give them credit. In support of the objection to the evidence, the defendants’ counsel introduced the stipulation. The evidence was excluded and exception taken. The question presented on this review is one of construction and effect of…
2Cases cited3 opinions
- Blossom v. . GriffinNew York Court of Appeals · 1856
- Field v. . MunsonNew York Court of Appeals · 1872
- Calkins v. FalkNew York Supreme Court · 1862
3Cited by3 opinions
- Schroeder v. FreyNew York Supreme Court · 1891
- Daniel v. Manhattan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1907
- Schroeder v. FreyNew York Supreme Court · 1890