Smith v. . Brinkerhoff
New York Court of Appeals
Appeal from the general term of the Supreme Court, in the first district, where a motion to set aside the report of a referee had been denied, and judgment perfected thereon in favor of the plaintiff. (Reported below, 8 Barb. 519.) This was an action of assumpsit, brought by the plaintiff, as assignee in bankruptcy of the firm of Preston & Pomeroy, to recover a balance of account alleged to be due from the defendants to the bankrupts.
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Appeal from the general term of the Supreme Court, in the first district, where a motion to set aside the report of a referee had been denied, and judgment perfected thereon in favor of the plaintiff. (Reported below, 8 Barb. 519.) This was an action of assumpsit, brought by the plaintiff, as assignee in bankruptcy of the firm of Preston & Pomeroy, to recover a balance of account alleged to be due from the defendants to the bankrupts. The defendants claimed -to set off the amount of a promissory note, made by the bankrupts, on the 16th June 1842, for the sum of $459.44, at six months, payable…
1Opinion of the Court
The first section of the bankrupt law, (5 Statutes at Large, 440,) provides, that the persons therein mentioned, who shall by petition, setting forth, c. apply to the proper court, and therein declare, that they are unable to meet their debts, shall be deemed bankrupts, within the act, and may be so declared by decree, c. By this section, the presentation of the petition is an act of bankruptcy. By the seventh section, upon every such petition, notice is to be published in the manner therein stated, that all persons interested may appear, c. In this case, the petition of Pomeroy was presented…
2Cited by5 opinions
- Johnston v. HumphreyWisconsin Supreme Court · 1895
- Knight v. RothschildAppellate Division of the Supreme Court of the State of New York · 1909
- Brown v. CauseyTexas Supreme Court · 1882
- Columbian Building & Loan Co. v. Burke, Court of Common Pleas of Ohio, Franklin County, Civil Division1932
- Sawyer v. HoagU.S. Circuit Court for the Northern District of Illnois · 1872