Soule v. Chase
The Superior Court of New York City
Appeal from an order denying a motion for a-new trial, and also from a judgment entered on the verdict. The action was brought by Harvey M., and George H. Soule against Thomas B. Chase, on a judgment for two hundred and twenty-four dollars and ninteen- cents, which the plaintiffs had recovered against the defendant in May, 1855. The defendant in his answer set up an insolvent’s discharge from his debts, granted to him since that date, and alleged that he was, at. the time of…
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Appeal from an order denying a motion for a-new trial, and also from a judgment entered on the verdict. The action was brought by Harvey M., and George H. Soule against Thomas B. Chase, on a judgment for two hundred and twenty-four dollars and ninteen- cents, which the plaintiffs had recovered against the defendant in May, 1855. The defendant in his answer set up an insolvent’s discharge from his debts, granted to him since that date, and alleged that he was, at. the time of the recovery of the judgment, a resident of the State of New York.- The cause was tried on the 4th day of June, 1863,…
1Opinion of the Court
By the Court.*—Robertson, J.
The following objections were made, on the trial, to the validity of the defendant’s insolvent discharge, founded solely upon what was produced in evidence as the proceedings by which it was obtained.
1st. Too short a publication in the Hew York Day Book, of the notice to show cause against such discharge.
2d. Eon-publication of such notice in any paper entitled the Evening Day Boole, as required by the order.
3d. Want of proper specification in the affidavits of petitioning creditors of “ the nature of their debts and claims, how and for what they arose, when and…
2Cases cited12 opinions
- Sheldon v. WrightNew York Supreme Court · 1849
- Bunce v. ReedNew York Supreme Court · 1853
- McNair v. GilbertNew York Supreme Court · 1829
- People ex rel. Yates v. FergusonCourt for the Trial of Impeachments and Correction of Errors · 1827
- Courtney v. New York City InsuranceNew York Supreme Court · 1858
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