Pomeroy v. Gregory
California Supreme Court
Appeal from an order of the Superior Court of Monterey County refusing a new trial. The action was brought to recover on a promissory note executed and delivered by the defendant to the plaintiff on May 8, 1878. On November 6, 1880, the defendant filed a petition in insolvency, under the insolvency act of 1880, which culminated in granting him a discharge from his debts on March 14, 1881. In the insolvency proceedings, the order of the court adjudging the defendant an…
Read the full summary
Appeal from an order of the Superior Court of Monterey County refusing a new trial. The action was brought to recover on a promissory note executed and delivered by the defendant to the plaintiff on May 8, 1878. On November 6, 1880, the defendant filed a petition in insolvency, under the insolvency act of 1880, which culminated in granting him a discharge from his debts on March 14, 1881. In the insolvency proceedings, the order of the court adjudging the defendant an insolvent, and appointing a time and place for the meeting of creditors, etc., was served on the plaintiff through the mail.…
1Opinion of the Court
The Court.
1. Defendant could be discharged, under the insolvent act of 1880, from a debt contracted in 1878. (Hundley v. Chaney, 65 Cal. 363.)
2. The act of 1880, p. 83, § 7, authorizes a service by mail or personally. Either form of service is sufficient.
Orders affirmed.
2Cases cited1 opinion
- Hundley v. ChaneyCalifornia Supreme Court · 1884
3Cited by1 opinion
- Porter v. ImusCalifornia Supreme Court · 1889