Schaeffer v. Soule
New York Supreme Court
Appeal from an order made at Special Term perpetually staying all proceedings under tbe judgment in this action, and ordering tbe judgment to be marked satisfied by tbe defendant’s discharge in insolvency proceedings.
1Opinion of the Court
Davis, P. J.:
Tbe action in wbicb tbe judgment was recovered was brought upon several promissory notes. Tbe notes were given for money loaned and an open account for beer sold and delivered. Upon affidavits an order of arrest of tbe defendant Warren Soule was obtained, on tbe ground that tbe moneys loaned and tbe sale of tbe beer were induced and obtained by fraudulent representations. On a motion founded upon additional affidavits, tbe court refused to discharge tbe order of arrest. After tbe judgment was recovered tbe respondent Soule made application to tbe Court of Common Pleas, under tbe…
2Cases cited3 opinions
- Matter of BradyNew York Court of Appeals · 1877
- People ex rel. Stryker v. StrykerNew York Supreme Court · 1857
- Pratt v. ChaseNew York Supreme Court · 1865