Barnes v. Matteson
New York Supreme Court
Demurrer to the rejoinder of the defendant to the replication of the plaintiff to the fourth plea of the defendant. The action was assumpsit.
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Demurrer to the rejoinder of the defendant to the replication of the plaintiff to the fourth plea of the defendant. The action was assumpsit. The fourth plea alleged that the plaintiff, on or about the 8th of February, 1843, presented his petition to the district court of the northern district of New-York, under the act of the 19th of August, 1841, and setting forth substantial parts of the schedule; and that such proceedings were had in the said district court that afterwards, on the 28th of March, 1843, by the consideration and judgment of that court, the said Wheeler Barnes was in due form…
1Opinion of the Court
By the Court, Gridley, J.
The plaintiff claimed to recover in his declaration, for use and occupation and on several other grounds of indebtedness. The plea set forth the proceedings of the plaintiff in bankruptcy, with a decree by which all his property, including the promises in the declaration mentioned, was vested in Thomas Beekman, the assignee appointed by the court. The plaintiff replied, that after the said decree the said assignee, for a valuable consideration paid to him by the plaintiff, duly sold, transferred and assigned to the said plaintiff all the right, title and interest of…
2Cited by2 opinions
- Wallace v. BassettNew York Supreme Court · 1863
- McGehee v. CookeCity of New York Municipal Court · 1907