White & Williams v. Platt
New York Supreme Court
Error to the recorder’s court of the city of Buffalo. The plaintiffs in error brought assumpsit in the court below, and the only question on the trial was whether their demand was barred by a bankrupt discharge, which the defendant had obtained m the course of proceedings in bankruptcy instituted by himself, and which he had pleaded to the plaintiffs’ declaration.
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Error to the recorder’s court of the city of Buffalo. The plaintiffs in error brought assumpsit in the court below, and the only question on the trial was whether their demand was barred by a bankrupt discharge, which the defendant had obtained m the course of proceedings in bankruptcy instituted by himself, and which he had pleaded to the plaintiffs’ declaration. The plaintiffs’ counsel" insisted that the demand proved was created in consequence of a defalcation of the defendant while acting in a fiduciary capacity in respect to the plaintiff, and" so not affected by the discharge. It…
1Opinion of the Court
By the Court, Whittlesey, J.
The promissory notes mentioned in the bill of exceptions were transferred by the defendant to the plaintiffs, as collateral security for the payment of a debt before that time due, from the defendant to the plaintiffs. In other words, these notes were pledged by the defendant as security for the payment of that debt to the plaintiffs. By this transaction the plaintiffs acquired á special property m *272the notes accompanied with possession. The defendant indeed had a general property in them, being entitled to the residuary interest,-but the plaintiffs were entitled to…
2Cases cited2 opinions
- Kip v. Bank of New-YorkNew York Supreme Court · 1813
- Hatten v. SpeyerNew York Supreme Court · 1806
3Cited by36 opinions
- Casey v. CavarocSupreme Court of the United States · 1878
- Clark v. IselinSupreme Court of the United States · 1875
- Duncomb v. . N.Y., H. N.R.R. Co.New York Court of Appeals · 1881
- Wightman v. American National Bank of RivertonWyoming Supreme Court · 1980
- Duncomb v. New York, Housatonic & Northern RailroadNew York Court of Appeals · 1881
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