Talcott v. . Harris
New York Court of Appeals
Appeal from judgment of the General Term of 'the Supreme Court, in the first judicial department, entered upon an order made October 10, 1881, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover for goods sold and delivered. The defense was a composition and discharge in bankruptcy. In reply plaintiff set up that the sale was induced by fraud.
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Appeal from judgment of the General Term of 'the Supreme Court, in the first judicial department, entered upon an order made October 10, 1881, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover for goods sold and delivered. The defense was a composition and discharge in bankruptcy. In reply plaintiff set up that the sale was induced by fraud. An order of arrest was issued in' the action upon affidavits averring the fraud in the contraction of the debt. The further material facts are stated in the opinion. A composition in bankruptcy…
1Opinion of the CourtMiller, J.
It is well settled by the authorities that a composition in bankruptcy is no discharge of a debt created by fraud. (Ansonia Brass & Copper Co. v. New Lamp Chimne y Co., 53 N. Y. 123; 13 Am. Rep. 476; Freiberg & Workum v. Popper, 12 Hun, 658; Libbey v. Strasburger, 6 W. D. 265; Reid v. Martin, 4 Hun, 590.) It is conceded by the appellants’ counsel that a composition will not per se extinguish a debt created by fraud, but it is insisted that a creditor who claims that his demand was created by fraud and is not dischargeable by any proceeding in bankruptcy is not a proper party to a composition…
2Cases cited1 opinion
- Ansonia Brass & Copper Co. v. New Lamp-Chimney Co.New York Court of Appeals · 1873
3Cited by12 opinions
- People v. . KoernerNew York Court of Appeals · 1897
- Learned v. . TillotsonNew York Court of Appeals · 1884
- Seevers v. Cleveland Coal Co.Supreme Court of Iowa · 1912
- Morris v. NortonCourt of Appeals for the Sixth Circuit · 1896
- Viele v. . McLeanNew York Court of Appeals · 1910
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