Hale v. . Sweet
New York Court of Appeals
This was an action, brought by the plaintiff’s testator, George .Merry, to recover the possession of the canal boat “ O. H. Smith,” seized at Syracuse, by the defendant Benson,. sheriff of Onondaga county, under an execution issued upon a judgment in favor of the defendants Sweet against one Jones.
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This was an action, brought by the plaintiff’s testator, George .Merry, to recover the possession of the canal boat “ O. H. Smith,” seized at Syracuse, by the defendant Benson,. sheriff of Onondaga county, under an execution issued upon a judgment in favor of the defendants Sweet against one Jones. It appeared that -the original plaintiff, George Merry, built the boat, and, ..in .September, 1861, sold one-half of her to Jones for $250. He took property in part payment and the notes of Jones secured .by a chattel mortgage of Jones upon the share of the boat .-sold to him for the balance of the…
1Dissent
James, J. (dissenting.)
It-is quite clear,.that .the discharge presented, was of no avail. • The officer granting it did not have jurisdiction of the parties.
An insolvent can only be discharged of his debts, under our State laws, by proceedings under article 3, title 1, chapter-5, part. 2. of the Revised Statutes, and jurisdiction to set the officer in motion can only be by petition, signed by at least two-thirds in., amount of his creditors. .Section 11, article 7,.of the same-title (2 R. S., 37), declares, that a.creditor, who has, in his own name, or in trust, any mortgage, judgment, or…
2Cases cited8 opinions
- Hill v. . BeebeNew York Court of Appeals · 1856
- Burdick v. McVannerNew York Supreme Court · 1846
- Hull v. . CarnleyNew York Court of Appeals · 1854
- Morewood v. . HollisterNew York Court of Appeals · 1852
- Marsh v. LawrenceNew York Supreme Court · 1825
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