The Ocean National Bank v. . Olcott
New York Court of Appeals
Appeal from judgment of the General Term of the first department, reversing an order of the Special Term, overruling demurrer to plaintiff’s reply and sustaining demurrer to the fourth and fifth counts of defendant’s answer.
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Appeal from judgment of the General Term of the first department, reversing an order of the Special Term, overruling demurrer to plaintiff’s reply and sustaining demurrer to the fourth and fifth counts of defendant’s answer. This action is in the nature of a creditor’s bill, on a judgment recovered by the plaintiff against the defendant, Cornelius Olcott, on the 15th of April, 1861. And the allegations in the complaint are, that since the judgment said defendant has paid, of his own moneys, for certain real estate, the conveyance of which was taken by fipd in the name of the defendant, Kate…
1Opinion of the Court
Chubch, Ch. J.
The two principal questions in this case are: 1. Whether a certificate of discharge in bankruptcy, issued under the bankrupt act of 1867, can be impeached in a State court, on the ground that it was improperly granted ? and, 2. Whether the plaintiff can enforce the judgment, against the property conveyed to the defendant, Kate Gr. Olcott, wife of the other defendant Cornelius Olcott, notwithstanding Ms discharge in bankruptcy ?
The Constitution of the United States confers upon Congress, power to establish uniform laws on the subject of bankruptcies throughout the United States.…
2Cases cited12 opinions
- Edmeston v. LydeNew York Court of Chancery · 1829
- Beck v. BurdettNew York Court of Chancery · 1829
- Garfield v. . HatmakerNew York Court of Appeals · 1857
- Corning & Norton v. WhiteNew York Court of Chancery · 1831
- Baker v. WheatonMassachusetts Supreme Judicial Court · 1809
7 more not listed; retrieve them via the Exa API.
3Cited by70 opinions
- New Lamp Chimney Co. v. Ansonia Brass & Copper Co.Supreme Court of the United States · 1876
- National Tradesmen's Bank v. WetmoreNew York Court of Appeals · 1891
- Dewey v. . MoyerNew York Court of Appeals · 1878
- Adsit v. . ButlerNew York Court of Appeals · 1882
- Bruker v. KelseyIndiana Supreme Court · 1880
65 more not listed; retrieve them via the Exa API.