Schunack v. Art Metal Novelty Co.
Supreme Court of Connecticut
Action to recover for goods sold and delivered brought to the City Court of Meriden and thence by appeal of the plaintiff to the Superior Court in New Haven County, where the parties were at issue as to the effect upon the plaintiff’s claim of an adjudication and discharge in bankruptcy pleaded by the defendant; the court, Reed, J., upheld the plea and rendered judgment for the defendant, from which the plaintiff appealed.
Read the full summary
Action to recover for goods sold and delivered brought to the City Court of Meriden and thence by appeal of the plaintiff to the Superior Court in New Haven County, where the parties were at issue as to the effect upon the plaintiff’s claim of an adjudication and discharge in bankruptcy pleaded by the defendant; the court, Reed, J., upheld the plea and rendered judgment for the defendant, from which the plaintiff appealed. The plaintiff brought his action upon the common counts with a bill of particulars. The defendant, after withdrawing a former answer, pleaded an adjudication and subsequent…
1Opinion of the CourtPrentice, J.
This action was begun by attachment within four months prior to the commencement of bankruptcy proceedings, wherein the defendant was adjudicated a bankrupt and granted a discharge. Before these proceedings were begun, the attachment was released by the giving of a bond to the plaintiff in which the defendant was principal and a surety company the surety. This bond obligated the surety to pay any judgment, not exceeding $1,000, which the plaintiff might recover and the defendant not pay. Judgment is now sought, as the pleadings disclose, as a necessary step in an attempt to reach the surety.…
2Cases cited21 opinions
- Hill v. HardingSupreme Court of the United States · 1889
- Wolf v. StixSupreme Court of the United States · 1879
- Carpenter v. TurrellMassachusetts Supreme Judicial Court · 1868
- Kendrick & Roberts, Inc. v. Warren Bros.Court of Appeals of Maryland · 1909
- Goyer Co. v. JonesMississippi Supreme Court · 1901
16 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- American Woolen Co. v. MaagetSupreme Court of Connecticut · 1912
- Schenkl v. DanaMassachusetts Supreme Judicial Court · 1875
- R. C. Mahon Co. v. MolinMichigan Supreme Court · 1930
- In re J. L. Philips & Co.District Court, S.D. Georgia · 1915
- Curley v. MarzulloSupreme Court of Connecticut · 1940
14 more not listed; retrieve them via the Exa API.