Lewis v. Page
New York Court of Common Pleas
Appeal from a district court of the city of New York. This action was brought by Thomas M. Lewis, plaintiff, and now respondent, against John A. Page, defendant, and now appellant, in the district court of the city of New York for the sixth district, and judgment was rendered for plaintiff.
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Appeal from a district court of the city of New York. This action was brought by Thomas M. Lewis, plaintiff, and now respondent, against John A. Page, defendant, and now appellant, in the district court of the city of New York for the sixth district, and judgment was rendered for plaintiff. The action was brought to recover thirty dollars due for goods sold and delivered February 14, 1861. The defendant answered, setting up the statute of ..limitations, and his discharge as an insolvent, under the two-thirds act, dated December 17, 1862. The plaintiff produced the proceedings on file in the…
1Opinion of the Court
By the Court.—Brady, J.
It is admitted by stipulation to that effect, that the proof given on the trial herein of the proceedings before the officer granting the defendant’s discharge as an insolvent, fully represents such proceedings and evidence, and every part thereof, taken before such officer, and such evidence shows that no proof of publication of notice as directed by him to be made was produced to him.
The statute provides that on the day appointed for the creditors to show cause, the. officer shall proceed to hear the proofs and allegations of the parties, and before any other…
2Cases cited3 opinions
- Rusher v. ShermanNew York Supreme Court · 1858
- Stanton v. EllisNew York Supreme Court · 1853
- Underwood v. IrvingNew York Supreme Court · 1824