Hastings v. Belknap
Court for the Trial of Impeachments and Correction of Errors
Error from the New-York common pleas. Smith, Hastings and Hoyt, brought replevin in the court below against Belknap and Gomperts, for a quantity of carpeting. The defendants pleaded non cep., and gave notice of the defence afterwards set up on the trial. On the trial in December,' 1843, the defendants admitted the taking of the goods in the loft of the store, No. 49, Stone street, and undertook to justify such taking as for a distress for rent.
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Error from the New-York common pleas. Smith, Hastings and Hoyt, brought replevin in the court below against Belknap and Gomperts, for a quantity of carpeting. The defendants pleaded non cep., and gave notice of the defence afterwards set up on the trial. On the trial in December,' 1843, the defendants admitted the taking of the goods in the loft of the store, No. 49, Stone street, and undertook to justify such taking as for a distress for rent. It was admitted that Isaac'F. Jones and Lemuel Marcy, and one Winne, were the occupants and the tenants of the defendants of the premises known as No.…
1Opinion of the Court
By the Court, Jewett, J.
The court below charged the jury, that proceedings in bankruptcy having been instituted against Jones & Marcy, the transfer and assignment of the property was null and void on the ground that the defendants did not assent thereto or participate in the arrangement. . I think the court erred. The'point is based upon the idea that proceedings once commenced cannot be discontinued or withdrawn so as to remit the parties to the proceeding to the situation which they held with respect.to the property of the debtors prior to the commencement of such proceeding's. I should…
2Cases cited1 opinion
- Martin v. BlackNew York Court of Chancery · 1842
3Cited by14 opinions
- Gaither v. StockbridgeCourt of Appeals of Maryland · 1887
- Rinchey v. . StrykerNew York Court of Appeals · 1863
- Andrews v. . DurantNew York Court of Appeals · 1859
- Herron v. GillIllinois Supreme Court · 1884
- Soper v. FryMichigan Supreme Court · 1877
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