Lyon v. Marshall
New York Supreme Court
This was a writ of error to the court of common pleas for the city and county of New-York, tested in July term, 1846, and returnable at the October term, then next.
Read the full summary
This was a writ of error to the court of common pleas for the city and county of New-York, tested in July term, 1846, and returnable at the October term, then next. Catharine Lyon, executrix, and Epenetus C. Gray and John Wright, executors of the, estate of Moses Lyon, plaintiffs, brought an action against Mathew Marshall, defendant, upon promises, for $300. The declaration contained the usual money counts, and a count upon an insimul computassent; and the usual profert of letters testamentary, The promises were alledged to have been made on the 15th April, 1843. The defendant pleaded his…
1Opinion of the Court
By the Court,
Edwards, J.
The first exception taken by the plaintiffs, was, to the admission in evidence of the objections which were made by them, in the United States district court, to the defendant’s being declared a bankrupt. It will be seen, by reference to these objections, that they related to the same matters as those which were set up in this suit, for the purpose *247of defeating the defendant’s discharge. We think that there was no impropriety in the defendant’s showing that the plaintiffs knew of all these matters, at the time that the bankrupt’s proceedings were pending; and that…
2Cases cited1 opinion
- People ex rel. Bailey v. Judges of the Albany Mayor's CourtNew York Supreme Court · 1833
3Cited by10 opinions
- Evertson v. . National Bank of NewportNew York Court of Appeals · 1876
- Buckland v. . GallupNew York Court of Appeals · 1887
- Dows v. RushNew York Supreme Court · 1858
- Shaw v. SmithMassachusetts Supreme Judicial Court · 1889
- Mullen v. GuinnNew York Supreme Court · 1895
5 more not listed; retrieve them via the Exa API.