In re Stansfield
District Court, D. Nevada
This is a motion to ■■dismiss the specifications filed in opposition to the bankrupt’s discharge, upon the ground that the opposing creditor has not a provable debt, and consequently no interest in the question of discharge. The petition for an adjudication was filed against the bankrupt May 21, 1874. With his own consent he was adjudged a bankrupt the same day.
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This is a motion to ■■dismiss the specifications filed in opposition to the bankrupt’s discharge, upon the ground that the opposing creditor has not a provable debt, and consequently no interest in the question of discharge. The petition for an adjudication was filed against the bankrupt May 21, 1874. With his own consent he was adjudged a bankrupt the same day. At the time the petition was filed two suits were pending against Stansfield, wherein J. H. Rice was plaintiff.- Both suits were begun April 30, 1874. One was a foreclosure suit, and the other an action at law upon promissory notes.…
1Opinion of the Court
HILLTER, District Judge.
Treating the balance docketed in the foreclosure suit as substantially a judgment (1 Comp. Laws Nev. § 1309), the question upon this state of facts is, whether the bankrupt’s certificate, if obtained, will discharge these judgments of Rice?
And this involves an inquiry as to whether 1he debts which did exist at the filing of the petition in bankruptcy, upon which the judgments are based, are so merged in the judgments that they can no longer be said to be •‘debts due and payable from the bankrupt at the time of the commencement of proceedings in bankruptcy.” Section…
2Cases cited12 opinions
- Clark v. . RowlingNew York Court of Appeals · 1850
- Wyman v. MitchellNew York Supreme Court · 1823
- Dresser v. BrooksNew York Supreme Court · 1848
- Bradford v. RiceMassachusetts Supreme Judicial Court · 1869
- Imlay v. CarpentierCalifornia Supreme Court · 1859
7 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Leonard v. YohnkWisconsin Supreme Court · 1887
- In re PeltasohnU.S. Circuit Court for the District of Eastern Missouri · 1877
- Wells v. EdmisonSupreme Court Of The Territory Of Dakota · 1885