Bangs v. Strong
New York Supreme Court
Motion on behalf of Joseph Strong, one of the defendants, for a rule or order, setting aside two executions issued on the judgment, recoveredby the plaintiffs against the defendants; one in the hands of the sheriff of Livingston, and the other in the hands of the sheriff of Monroe; on the ground that the defendant had been discharged under the provisions of the late bankrupt act, since the recovery of the judgment.—The judgment was recovered on the 30th October, 1838, in…
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Motion on behalf of Joseph Strong, one of the defendants, for a rule or order, setting aside two executions issued on the judgment, recoveredby the plaintiffs against the defendants; one in the hands of the sheriff of Livingston, and the other in the hands of the sheriff of Monroe; on the ground that the defendant had been discharged under the provisions of the late bankrupt act, since the recovery of the judgment.—The judgment was recovered on the 30th October, 1838, in debt for $50,000, and for damages and costs $63‘97; on which several executions had been issued and regularly returned, not…
1Opinion of the Court
Jewett, Justice.
It is insisted that the discharge, and certificate should be deemed a full and complete discharge of the defendants from this debt, and that therefore the executions should be set aside. This motion is resisted by the plaintiffs on the ground that the defendant was guilty of gross fraud and wilful concealment of his property, or rights of property in his proceedings to dbtain such discharge, that he preferred some of his creditors, contrary to the provisions of the act, and that he admitted false and fictitious debts against his estate; several affidavits have been read,…
2Cases cited3 opinions
- Rusell v. PackardNew York Supreme Court · 1832
- Reed v. GordonNew York Supreme Court · 1823
- Noble v. JohnsonNew York Supreme Court · 1812