Morrow v. . Freeman
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of defendant entered upon a verdict, and affirming an order denying a motion for a new trial. This action was brought by the plaintiff, as assignee of a judgment recovered by Caleb H. Shipman and others against the defendant, May 19th, 1859, for $194.17. The defence was an alleged discharge under the provisions of 2 Revised Statutes, 16, et seq.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of defendant entered upon a verdict, and affirming an order denying a motion for a new trial. This action was brought by the plaintiff, as assignee of a judgment recovered by Caleb H. Shipman and others against the defendant, May 19th, 1859, for $194.17. The defence was an alleged discharge under the provisions of 2 Revised Statutes, 16, et seq. (Part II, chap. 5, art. 3, “ Of voluntary assignments, made pursuant to the application of an insolvent and his creditor.”)…
1Opinion of the Court
Dwight, C.
The plaintiff in this case brings his action as assignee of a judgment to recover the sum of $194.17. The defendant pleads his discharge in - insolvency under the so-called “ two-thirds act.” The plaintiff insists that the discharge was a nullity, because the officer granting the discharge had no jurisdiction.
The Revised Statutes provide that every insolvent debtor may be discharged from his debts upon executing an assignment of all his estate for the benefit of his creditors, and upon the provisions of the article concerning their discharge being complied with. (2 R. S., 16, et…
2Cases cited6 opinions
- National Bank of Chemung v. City of ElmiraNew York Court of Appeals · 1873
- Hale v. . SweetNew York Court of Appeals · 1869
- Salters v. TobiasNew York Court of Chancery · 1831
- Stanton v. . EllisNew York Court of Appeals · 1855
- Rusher v. ShermanNew York Supreme Court · 1858
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Taylor v. . SymeNew York Court of Appeals · 1900
- In re CohenNew York Court of Common Pleas · 1890