In re Fowler
New York Court of Common Pleas
Appeal from an order of this court made at special term by Van Hoesen, J., denying the application of Frank W. Fowler, an imprisoned debtor, for bis discharge from imprisonment under an execution and judgment obtained against him by Brick, and Campbell.
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Appeal from an order of this court made at special term by Van Hoesen, J., denying the application of Frank W. Fowler, an imprisoned debtor, for bis discharge from imprisonment under an execution and judgment obtained against him by Brick, and Campbell. The judgment creditors opposed the application on the grounds: 1st. That the judgment had been obtained for damages suffered by them on account of a false and fraudulent representation made to them by the defendant in regard to the solvency of the Peekskill Iron Company, by which they had been induced to supply them goods on credit; and 2d.…
1Opinion of the Court
*549The following opinion was written by Judge Van Hoesen on denying the discharge :
“ If Fowler had applied for his discharge as a bankrupt after judgment had been rendered against him, and he had been arrested on execution in the action brought by Brick, I should be compelled to apply the rule laid down in the Case of Fitzgerald (ante, p. 188), and hold that having elected to avail himself of the benefit of the bankruptcy act he could not resort to a remedy inconsistent with it, and obtain a discharge from imprisonment which, under the law which he last invoked, could be granted only upon his…
2Cases cited3 opinions
- Matter of BradyNew York Court of Appeals · 1877
- In re AndriotNew York Court of Common Pleas · 1867
- People v. WhiteNew York Supreme Court · 1857
3Cited by1 opinion
- In re LowellNew York Court of Common Pleas · 1885