Repplier v. Bloodgood
The Superior Court of New York City
This action was on two promissory notes made by defendant Farrar, payable to the order of, and endorsed by, defendant Bloodgood.
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This action was on two promissory notes made by defendant Farrar, payable to the order of, and endorsed by, defendant Bloodgood. The defense was, that the defendant Farrar being insolvent, and indebted to the firm of Repplier & Brother in $19,000, and the firm of John Street & Co. in $4,000 or $5,000, and other creditors in various amounts, the firm of Repplier & Brother institutéd proceedings against Farm*, under the provisions of the United States Bankrupt Law in relation to “ involuntary bankruptcy.” After such proceedings an arrangement was made by and between Farrar and Repplier &…
1Opinion of the Court
By the Court.:
Fithian, J.
I do not see any thing in the facts in this case contravening any of the express provisions or the policy of the Bankrupt Act. ' Section 25 of the act declares void all securities or contracts made or given in order to induce any creditor to “forbear opposing the application for discharge of the bankrupt.” But in this “ involuntary ” proceeding, taken.by a creditor against the bankrupt, there is not, nor can there be, any “ application for discharge of the bankrupt,” The statute provides no *37method or means whereby a bankrupt can apply for a discharge in a proceeding…
2Cases cited1 opinion
- Winsor v. KendallU.S. Circuit Court for the District of Massachusetts · 1844