Platt v. Parker
New York Supreme Court
APPEAL by plaintiff from a judgment in favor of defendant dismissing the complaint entered upon the report of a referee. The action was brought by George W. Platt against William A. Parker and another, upon two promissory notes indorsed by defendants. Sufficient facts appear in the opinion.
1Opinion of the CourtTappen, J.
The plaintiff sued the defendants as indorsers upon two promissory notes, each for the sum of $2,500; the defendants pleaded a discharge in bankruptcy granted them on the 20th of December, 1872, under the general bankrupt act of 1867, and the amendments thereof.
The trial was before a referee, who found this defense established, and gave judgment in favor of the defendants; the plaintiff appeals therefrom, and claims that such bankrupt discharge does not bar his action, for the reason that the defendants, in their schedules, did not include the claim or the name of the plaintiff in their list *378o…
2Cases cited4 opinions
- Stevens v. Mechanics' Savings BankMassachusetts Supreme Judicial Court · 1869
- Payne v. AbleCourt of Appeals of Kentucky · 1870
- Hubbell v. CrampNew York Court of Chancery · 1844
- Gassett v. MorseUnited States District Court · 1843