Monroe v. . Upton
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fourth judicial department, affirming order of Special Term, granting a .perpetual stay of proceedings upon a judgment and. execution, docketed herein, in favor of the plaintiff against the defendants, for- §1,157.56 damages and $276 costs.
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Appeal from order of the General Term of the Supreme Court in the fourth judicial department, affirming order of Special Term, granting a .perpetual stay of proceedings upon a judgment and. execution, docketed herein, in favor of the plaintiff against the defendants, for- §1,157.56 damages and $276 costs. The action was brought on. a contract for the sale and delivery of whisky, and tried by the court and decided on the 7th day of October, 1867. On the 26th day of November, 1867, about one month after the decision and taxation of costs, the defendant Upton filed his petition in bankruptcy in…
1Opinion of the CourtFolger, J.
The practice of the Supreme Court has been, to permit one cast in judgment, to avail himself of a bankrupt or insolvent discharge by motion and order for a perpetual stay of execution thereon. This was done in cases in which he had no opportunity to plead his discharge in the action. And if fraud or other ground impeaching its validity was alleged, the court would open the cause so that that question could be tried. (Baker v. Taylor, 1 Cow., 165.) But where he might have availed himself of it as a defence to the action, or had been” guilty of gross laches in making the motion, relief would be…
2Cases cited5 opinions
- Clark v. . RowlingNew York Court of Appeals · 1850
- Dresser v. BrooksNew York Supreme Court · 1848
- Baker v. TaylorNew York Supreme Court · 1823
- Cross v. HobsonNew York Supreme Court · 1804
- Valkenburgh v. DederickNew York Supreme Court · 1799
3Cited by25 opinions
- Palmer v. . HusseyNew York Court of Appeals · 1882
- Holyoke v. . AdamsNew York Court of Appeals · 1874
- Revere Copper Co. of Boston v. . DimockNew York Court of Appeals · 1882
- Walker v. . MuirNew York Court of Appeals · 1909
- McDonald v. . DavisNew York Court of Appeals · 1887
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