Avery's Case
New York City Court
Application of an insolvent to be discharged from his debts, pursuant to the provisions of the Revised Statutes. This was an application to Hon. A. D. Russell, city judge of the city of Hew York, made by the petitioner, Henry A. Avery, an insolvent debtor, and so many of his creditors as had, in good faith, debts owing to them by such debtor, amounting to at least two-thirds of all the debts owing by him to. creditors residing within the United States, for his discharge from…
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Application of an insolvent to be discharged from his debts, pursuant to the provisions of the Revised Statutes. This was an application to Hon. A. D. Russell, city judge of the city of Hew York, made by the petitioner, Henry A. Avery, an insolvent debtor, and so many of his creditors as had, in good faith, debts owing to them by such debtor, amounting to at least two-thirds of all the debts owing by him to. creditors residing within the United States, for his discharge from his debts, under the act entitled “ An act of voluntary assignments made pursuant to the application of an insolvent…
1Opinion of the CourtRussell, C. J.
As to the first point raised, I have no doubt *146as to my jurisdiction in the matter. It was a subject I had previously satisfied myself upon by a careful examination and consideration of the powers and duties of the office, and have so held in the case of The People v. Wood. By the act of the Legislature creating the office of city judge (Laws of 1850, 388, § 3), it is distinctly declared that all judicial powers vested by law in the recorder of the city of New York are hereby conferred upon such (the city judge); and said (the) city judge shall concurrently with said (the) recorder perform and…
2Cited by1 opinion
- Defreest v. . WarnerNew York Court of Appeals · 1885