Legal Opinion

Rusher v. Sherman

New York Supreme Court

Decided November 4, 1858PublishedCited by 5 opinions

THIS was an action upon a promissory note. The defense was the discharge of the defendant from his debts, under the insolvent act. The jury found a verdict for the defendant, and from the judgment rendered thereon the plaintiffs appealed.

1Opinion of the Court

By the Court, Ingraham, J.

Upon the trial of this cause the defendant offered in evidence proceedings to obtain a discharge from his debts, had before Judge Daly, and a discharge granted by that officer. Various objections were.taken to those proceedings, which were overruled by the court, and the justice submitted to the jury the question of fraud in concealing property. The jury found for the defendant.

Many of the objections taken to the proceedings before J udge. Daly were not in regard to matters affecting the jurisdiction of the officer. Those of them which related to any fraudulent *417dispos…

2Cases cited3 opinions

  1. Barber v. WinslowNew York Supreme Court · 1834
  2. Jenks v. StebbinsNew York Supreme Court · 1814
  3. People ex rel. Stryker v. StrykerNew York Supreme Court · 1857

3Cited by5 opinions

  1. Morrow v. . FreemanNew York Court of Appeals · 1875
  2. Hale v. . SweetNew York Court of Appeals · 1869
  3. Lewis v. PageNew York Court of Common Pleas · 1869
  4. People on rel. Pacific Mutual Insurance v. MachadoNew York Supreme Court · 1863
  5. Sorchan v. City of BrooklynNew York Supreme Court · 1875

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