Parkinson v. Scoville
New York Supreme Court
Motion to set aside execution, &c. on the ground that the defendant Orlan Scoville, upon whom alone the declaration was served, had, since the judgment, been discharged as an insolvent debtor, pursuant to 2 R. S. § 15, art. 3. The action was on a contract made in the year 1835, within this state, and was to be executed within this state; but the plaintiff then resided and has ever since resided in the state of Pennsylvania.
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Motion to set aside execution, &c. on the ground that the defendant Orlan Scoville, upon whom alone the declaration was served, had, since the judgment, been discharged as an insolvent debtor, pursuant to 2 R. S. § 15, art. 3. The action was on a contract made in the year 1835, within this state, and was to be executed within this state; but the plaintiff then resided and has ever since resided in the state of Pennsylvania. After judgment recovered, to wit, on the 11th July, 1836, the discharge was granted by a supreme court commissioner in the county of Broome, where the defendant, at the…
1Opinion of the Court
By the Court,
Bronson, J.
As the defendant has had no day in court to plead this matter, he is entitled to relief on motion, if the discharge is operative against the plaintiff.
The plaintiff, so far as appears, has never been a resident of this state, nor has he in any form acquiesced in the discharge. But as the contract was made, and was to be ex-*151The case at Lbar falls within both of the two first classes and the motion must therefore be granted. ecuted within this state, the debt was discharged without any reference to the residence of the creditor. 2 R. S. 22, ~` 30, 3~. The two clauses of…
2Cited by12 opinions
- Watson v. BourneMassachusetts Supreme Judicial Court · 1813
- Easterly v. GoodwinSupreme Court of Connecticut · 1868
- Gardner v. LeeNew York Supreme Court · 1852
- Davidson v. SmithDistrict Court, D. Wisconsin · 1860
- Gardner v. LeeNew York Supreme Court · 1852
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