Brewster v. Ludekins
California Supreme Court
Appeal from the Twelfth District. Suit on a judgment claimed by defendant to have been discharged by a decree in insolvency.
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Appeal from the Twelfth District. Suit on a judgment claimed by defendant to have been discharged by a decree in insolvency. On the twenty-second day of May, 1858, plaintiffs commenced an action in the Sixth District Court against Ludekins, Vesaria & Co., upon a promissory note for nine hundred and seventy-seven dollars and sixty-nine cents, dated Feb. 11th, 1858, bearing interest at the rate of two and a half per cent, per month, and on the third of June, 1858, recovered judgment for $1,069.32, the amount of principal and interest due on said note. After the commencement of the suit and…
1Opinion of the CourtBaldwin, J.
Field, C. J. and Cope, J. concurring.
The only point we think it necessary to notice- is, whether the record of the insolvent proceedings of defendant was fatally defective, in this, that the schedule described the debt as a note of a certain tenor in suit in a certain Court, when, in fact, the debt had passed into judgment a short time before the filing of the insolvent petition. We think this variance not fatal. The direction of the statute is to require the petitioner to describe and identify the indebtedness; and a mistake as to the condition of that indebtedness—as "whether reduced to…
2Cited by6 opinions
- Thomas v. ThomasCalifornia Supreme Court · 1939
- State v. Security Savings BankCalifornia Supreme Court · 1921
- Newby v. BaconCalifornia Court of Appeal · 1922
- Friedlander v. LoucksCalifornia Supreme Court · 1867
- Bennett v. His CreditorsCalifornia Supreme Court · 1863
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