In re Bradstreet
New York Supreme Court
THE following facts Were submitted by the parties to the 'court for their opinion,' and were to he considered in the nature of a return to an alternative mandamus directed to the recorder Of New-York, requiring him to sign the insolvent’s dischai’ge, or show cause to the contrary.
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THE following facts Were submitted by the parties to the 'court for their opinion,' and were to he considered in the nature of a return to an alternative mandamus directed to the recorder Of New-York, requiring him to sign the insolvent’s dischai’ge, or show cause to the contrary. On the 23d December, 1815, one of the cx'editors of the insolvent applied to the recorder, under the 9th section of the insolvent act, to compel the insolvent to assign his property for the benefit of all his creditors. Regular notice having been given, such of the creditors as appeared before the recorder, at the…
1Opinion of the Court
Thompson, Ch. J.,.
now delivered the opinion of the court. The counsel, in the argument of the case, have made two questions for the consideration of the court. The first relates,, particularly, to this case, to wit, whether the recorder, under the circumstances stated, has the power, and ought to vacate the order for assignment made by him. The second is a .more general question, involving the construction of the 9th section of the insolvent act, (1 N. R. L. 464.,) concerning which a diversity, of opinion, as’well as practice, has prevailed. . . •
With respect to the first question, it is…
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