Pratt v. Chase
New York Supreme Court
Appeal from a judgment. Tjie plaintiffs, Dundas T. Pratt and Benjamin Beath, of Philadelphia, brought an action against the defendant, Thomas B. Ohase, upon three promissory notes, two of them dated at Philadelphia in 1854, and the third dated at Buffalo, 1855, all payable in Buffalo. The complaint set out the residence of the plaintiffs in Philadelphia, and of the defendants in the State of ¡New.York.
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Appeal from a judgment. Tjie plaintiffs, Dundas T. Pratt and Benjamin Beath, of Philadelphia, brought an action against the defendant, Thomas B. Ohase, upon three promissory notes, two of them dated at Philadelphia in 1854, and the third dated at Buffalo, 1855, all payable in Buffalo. The complaint set out the residence of the plaintiffs in Philadelphia, and of the defendants in the State of ¡New.York. The answer admitted these facts, but set up a discharge under the insolvent laws of the State of ¡New York. On the trial the defendant put in evidence the insolvent’s discharge, of which the…
1Opinion of the Court
By the Court.—Clerke, J.
The preliminary objections made to the proceedings upon which the discharge is founded, if tenable at all, with the exception of the fourth, could be taken advantage of only by certiorari, and not in this collateral manner. As to this fourth objection, undoubtedly, in order to give the officer jurisdiction, it is necessary that the affidavits of the petitioning creditors should show the amount, nature, and consideration of the debt, and that the creditor has received nothing to become a petitioner.
The affidavits of the petitioning creditors in this case contain all…
2Cases cited2 opinions
- Van Hook v. WhitlockNew York Supreme Court · 1841
- Parkinson v. ScovilleNew York Supreme Court · 1838
3Cited by1 opinion
- Schaeffer v. SouleNew York Supreme Court · 1881