McCombs v. Allen
New York Supreme Court
Appeal from a judgment in favor of the plaintiff, entered upon the trial of this action by the court, without a jury. The proceedings in bankruptcy and the assignment absolutely dissolved the attachment. (Miller v. Bowles, 58 N. Y., 253; Duffield v. Ilorton, 6 Week.
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Appeal from a judgment in favor of the plaintiff, entered upon the trial of this action by the court, without a jury. The proceedings in bankruptcy and the assignment absolutely dissolved the attachment. (Miller v. Bowles, 58 N. Y., 253; Duffield v. Ilorton, 6 Week. Dig., 277, Court of Appeals ; West Philadelphia Banls v. Dickson, 5 Otto, 180; Risley v. Brown, 67 N. Y., 160; Stewart v. Brahall, 6 W. Dig., 507; Maas v. O'Brien, 6 id., 560; Boring v. Eager, 3 Cush., 188; Tappan v. Van Wagenan, 3 Johns., 465.)
1Opinion of the Court
Boardman, J. :
The defendants became sureties under section 688 of the Code, upon an undertaking given to discharge the attachment granted against one McCrillis, and it was thereupon discharged. Before the expiration of four months after the making of such attachment, and nearly two months after the giving of such undertaking, McCrillis filed-his voluntary petition in bankruptcy, and was afterwards under such bankruptcy proceedings discharged. The plaintiff in the attachment case prosecuted his claim to judgment, payment thereof was .demanded, and it was then assigned to plaintiff. The…
2Cases cited3 opinions
- Clark v. . SicklerNew York Court of Appeals · 1876
- Knapp v. . AndersonNew York Court of Appeals · 1877
- Onderdonk v. . VoorhisNew York Court of Appeals · 1867