Wright v. Crawford
New York Court of Common Pleas
Appeal from a judgment of the District Court for the sixth district. The defendant set up, as a defence to the action, a discharge under the Two Thirds Act; the justice held the defence established, and gave judgment in his favor. The plaintiff appealed. The grounds of objection to the discharge are fully stated in the opinion.
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Appeal from a judgment of the District Court for the sixth district. The defendant set up, as a defence to the action, a discharge under the Two Thirds Act; the justice held the defence established, and gave judgment in his favor. The plaintiff appealed. The grounds of objection to the discharge are fully stated in the opinion. It should, perhaps, be mentioned, in addition to the facts there stated, that it appeared by the proceedings to obtain the discharge, that the defendant’s whole indebtedness was over $40,000, and there were petitioning creditors to the amount of $28,000. The notes held…
1Opinion of the Court
By the Court, Brady, J.
The defendant pleaded and proved a discharge from his debts, granted by the Hon. Murray Hoffmak, one of the justices of the Superior Court of this city, on his application, accompanied, by that of his creditors. The plaintiffs then produced, proved and put in evidence the papers on file in the office of the clerk of this county relative to the discharge, and interposed several objections affecting the validity of the discharge. One of these objections was that the affidavit of William Crawford, one of the petitioning creditors, did not state the nature of the demand,…
2Cases cited3 opinions
- McNair v. GilbertNew York Supreme Court · 1829
- Slidell v. McCreaNew York Supreme Court · 1828
- In re CookNew York Supreme Court · 1818