Freund v. Paten
New York Court of Common Pleas
Appeal from a judgment of the general term of the Marine Court of the City of New York affirming a judgment of that court entered upon the verdict of a jury and an order denying a motion for a new trial. The action was brought upon two promissory notes made by the defendant payable to the plaintiff or order.
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Appeal from a judgment of the general term of the Marine Court of the City of New York affirming a judgment of that court entered upon the verdict of a jury and an order denying a motion for a new trial. The action was brought upon two promissory notes made by the defendant payable to the plaintiff or order. The defendant’s answer alleged the filing of his petition in bankruptcy, after the making and delivery of the notes, and his discharge from all claims provable against his estate on August 16th, 1878, which would include the notes in suit. The plaintiff replied, alleging fraudulent…
1Opinion of the CourtBeach, J.
Under the Bankruptcy Act (U. S. R. S. § 507), it is provided that “ no debt created by the fraud of the bankrupt .... shall be discharged by proceedings in bankruptcy.” This issue was clearly raised by the plaintiff’s reply, and even without that pleading, he would have been entitled to prove it, on the trial, in answer to the discharge, without any allegation in his complaint, it being no part of his cause of action, but an affirmative defense to the promissory notes upon which he declared (Argall v. Jacobs, Court of Appeals, MSS. opinion).
Upon the trial the learned judge charged the jury,…
2Cases cited3 opinions
- Woodbeck v. KellerNew York Supreme Court · 1826
- The People v. . SchryverNew York Court of Appeals · 1870
- Allis v. . LeonardNew York Court of Appeals · 1874
3Cited by6 opinions
- Davis v. Rome, Watertown & Ogdensburgh RailroadNew York Supreme Court · 1890
- Bulson v. LearAppellate Division of the Supreme Court of the State of New York · 1928
- Lentsch v. International Railway Co.Appellate Division of the Supreme Court of the State of New York · 1916
- Foulke v. ThalmessingerThe Superior Court of New York City · 1894
- Foulke v. ThalmessingerThe Superior Court of the City of New York and Buffalo · 1894
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