Thomas v. Jones
Wisconsin Supreme Court
APPEAL from the Circuit Court for Bodge County. Action upon a promissory note. Defense, a discharge in bankruptcy proceedings in the distinct court of the United States. The evidence offered and exceptions taken thereto sufficiently appear in the opinion of the court.
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APPEAL from the Circuit Court for Bodge County. Action upon a promissory note. Defense, a discharge in bankruptcy proceedings in the distinct court of the United States. The evidence offered and exceptions taken thereto sufficiently appear in the opinion of the court. Judgment for the defendant; from which the plaintiff appealed. argued that that view which permits a discharge in bankruptcy, in whatever court and at whatever time pleaded, to be attacked and impeached, is more in accordance with general principles and better sustained by authority than the one which would confine the remedy to…
1Opinion of the CourtCole, J.
Tbis is an action on a promissory note. Tbe defendant set up in bis answer, as a defense, bis discharge in bankruptcy, and upon tbe trial gave in evidence tbe certificate of bis discharge in due form. Tbe plaintiff then gave in evidence, against tbe objection of tbe defendant as to their admissibility, tbe proceedings in bankruptcy, for tbe purpose of showing that be was not named as a creditor in tbe schedule of debts filed by tbe bankrupt; that bis name did not appear in such proceedings; and that no notice in writing of those proceedings was ever personally served upon or mailed to him. It…
2Cases cited7 opinions
- The Ocean National Bank v. . OlcottNew York Court of Appeals · 1871
- Stevens v. Mechanics' Savings BankMassachusetts Supreme Judicial Court · 1869
- Way v. HoweMassachusetts Supreme Judicial Court · 1871
- Beardsley v. HallSupreme Court of Connecticut · 1869
- Batchelder v. LowSupreme Court of Vermont · 1871
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3Cited by6 opinions
- Custard v. WigdersonWisconsin Supreme Court · 1907
- Wiley v. PaveyIndiana Supreme Court · 1878
- Osborn v. DobrinzWisconsin Supreme Court · 1893
- Collins v. DavidsonOhio Circuit Courts · 1908
- Collins v. DavidsonCuyahoga Circuit Court · 1908
1 more not listed; retrieve them via the Exa API.