Small v. Wheaton
New York Court of Common Pleas
Motion to set aside verdict, and for a new trial; ordered to be heard at General Term. This was an action upon a judgment recovered against the defendant in 1845, by Williams and others, and by them assigned to the present plaintiff. In defence, the defendant plead a discharge in insolvency granted to him in 1848, under the Two-thirds Act, by Mr. Justice Sandford, of the Superior Court.
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Motion to set aside verdict, and for a new trial; ordered to be heard at General Term. This was an action upon a judgment recovered against the defendant in 1845, by Williams and others, and by them assigned to the present plaintiff. In defence, the defendant plead a discharge in insolvency granted to him in 1848, under the Two-thirds Act, by Mr. Justice Sandford, of the Superior Court. Upon the trial, before Ingraham, F. J., after proof of the recovery of the judgment sued upon and of the discharge had been put in, the plaintiff produced from the county clerk’s office the defendant’s…
1Opinion of the CourtWoodkuff, J.
The action herein was brought upon a judgment recovered against the defendant in 1845. The defence rests upon the effect of a discharge of the defendant as an insolvent, granted in 1848, by one of the Justices of the Superior Court, upon the petition of the defendant with two-thirds of his creditors, under Art. 3, Title 1, Chap. 5 of the Revised Statutes. (2 Rev. Stat. 16).
On the trial the defendant, in support of his answer, read his discharge, and the plaintiff produced from the files of the Clerk of the city and county of New York, and read in evidence, the proceedings of the defendant in…
2Cases cited7 opinions
- McNair v. GilbertNew York Supreme Court · 1829
- In re HurdNew York Supreme Court · 1833
- Ayres v. ScribnerNew York Supreme Court · 1837
- De Baun v. MayorNew York Supreme Court · 1853
- Small v. GravesNew York Supreme Court · 1850
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Dieckerhoff v. AhlbornNew York Supreme Court · 1877