Kingsland v. Spalding
New York Court of Chancery
This was an application, on the part of the defendant, to open an order referring this cause to a vice chancellor for decision, and the order to close the proofs in the cause, both of which orders had been regularly entered; and to let the defendant in to set up a discharge under the bankrupt act, as a defence to the suit.
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This was an application, on the part of the defendant, to open an order referring this cause to a vice chancellor for decision, and the order to close the proofs in the cause, both of which orders had been regularly entered; and to let the defendant in to set up a discharge under the bankrupt act, as a defence to the suit. The defendant Was d judgment debtor of the complainants, on d judgment which they had recovered for money had and received by him, tó their use, by virtue of a judgment given- to him, by confession, and- under an assignment to him, by John Cronkhite, of certain property, in…
1Opinion of the Court
Thé Chancellor.
The proceedings on the part of the complainants to close the proofs, and the reference of the cause to the vice chancellor for decision, were perfectly regular; and I have great doubts whether this court ought to let the defendant in tó sét up thé technical defence of á discharge under the voluntary provisions of the late bankrupt act, even if there was a reasonable probability that the debt was discharged by the proceedings in bankruptcy. It is not necessary, however, tó put my decisión of this application upon that ground; for I am satisfied that this judgment was not…
2Cases cited3 opinions
- Betts v. StarrSupreme Court of Connecticut · 1825
- Wright v. ButlerCourt for the Trial of Impeachments and Correction of Errors · 1830
- Rice v. KingNew York Supreme Court · 1810
3Cited by7 opinions
- Sinclair v. Jackson ex dem. FieldCourt for the Trial of Impeachments and Correction of Errors · 1826
- Greenup v. CrooksIndiana Supreme Court · 1874
- Harris v. HarrisNew York Supreme Court · 1861
- Craig v. WardNew York Supreme Court · 1862
- Stoll v. KingNew York Supreme Court · 1853
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