Bamberg v. Stern
New York Marine Court
Motion for a perpetual stay of execution. This action was commenced on December 13,1876. The complaint was the ordinary one for goods sold and delivered. The plaintiffs, upon affidavits alleging that the sale was procured by means of false representations, procured an order of arrest against the defendant. On affidavits denying the fraud, the defendant moved to vacate the order of arrest, which motion was denied on the merits.
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Motion for a perpetual stay of execution. This action was commenced on December 13,1876. The complaint was the ordinary one for goods sold and delivered. The plaintiffs, upon affidavits alleging that the sale was procured by means of false representations, procured an order of arrest against the defendant. On affidavits denying the fraud, the defendant moved to vacate the order of arrest, which motion was denied on the merits. Thereafter, and on February 17,1877, a composition in bankruptcy, between the defendant and his creditors, was perfected by the confirmation of the federal court, and…
1Opinion of the CourtMcAdam, J.
The defendant applies to the court for a perpetual stay of execution herein, upon the ground that the cause of action and judgment have been discharged under proceedings for composition in bankruptcy.
No informality in the composition proceedings is alleged, and no defect pointed out, except an error in regard to the amount of the plaintiff’s claim. This is not fatal in the absence of proof that it was fraudulently made (Beebe v. Pyle, 1 Abb. N. C. 412 ; Small v. Graves, 7 Barb. 576; Stanton v. Ellis, 12 N. Y. 575 ; 7 Robt. 233).
Under the circumstances disclosed in the papers, the application…
2Cases cited17 opinions
- United States v. TynenSupreme Court of the United States · 1871
- Rogers v. BradshawCourt for the Trial of Impeachments and Correction of Errors · 1823
- Mc'Cartee v. Orphan Asylum SocietyCourt for the Trial of Impeachments and Correction of Errors · 1827
- Clark v. . RowlingNew York Court of Appeals · 1850
- Williams v. PotterNew York Supreme Court · 1848
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