Crouse v. Whittlesey
New York Supreme Court
Appeal from special term, Oneida county. Action by Daniel Grouse and others against Walter Whittlesey. From an order of the special term denying an application by defendant under Code Civil Proc. § 1268, for the cancellation and discharge of a judgment obtained by plaintiffs against him on September 7, 1875, defendant appeals. Reversed. For former report, see 15 H. Y. Supp. 851.
1Opinion of the CourtMerwin, J.
There are two questions upon this appeal: (1) Whether the defendant, in obtaining his discharge, practiced a fraud upon the plaintiffs, which is available to them under the doctrine of the case of Poillon v. Lawrence, 77 N. Y. 207; (2) whether the discharge is shown to be void by reason of want of jurisdiction in the court to grant it.
1. The bankrupt proceedings were commenced in June, 1875, in the United States district court of Kentucky, against the firm of O. C. Barker & Co., of which defendant was a member, and was then a resident of that district. On September 7, 1875, there was an…
2Cases cited4 opinions
- The Ocean National Bank v. . OlcottNew York Court of Appeals · 1871
- Campbell v. . PerkinsNew York Court of Appeals · 1853
- Poillon v. . LawrenceNew York Court of Appeals · 1879
- Lathrop v. StuartU.S. Circuit Court for the District of Ohio · 1850