Smith v. Paul
New York Supreme Court
The plaintiff produced affidavits to show that he was not included in the defendant’s schedule of debts ; received no notice of application for discharge; and was a citizen of another state, neither joining in the discharge, nor receiving any dividend from insolvent’s estate; and he contended that his debt was not extinguished.
1Opinion of the Court
An examination order under supplementary proceedings, founded upon a judgment obtained prior to the discharge of the defendant from his debts under the two-third act, will be vacated upon application to the court.
Upon such an application the plaintiff cannot show by affidavit, or otherwise, that he was not included in the schedule of debts, received no notice of application, npr even that he was a citizen of another state, not joining in the petition, nor receiving any dividend from the insolvent’s estate. These are the proper questions for a trial to be brought, by permission of the court.
Oct…
2Cited by3 opinions
- Merchants National Bank v. BraithwaiteNorth Dakota Supreme Court · 1898
- Clinton Petroleum Services, Inc. v. NorrisCourt of Appeals of Maryland · 1974
- Clement v. WhiteAppellate Division of the Supreme Court of the State of New York · 1907