Small v. Graves
New York Supreme Court
This action was tried at the Onondaga circuit before Shank-land. J. and was upon a promissory note made by the defendant, dated March 4,1842, payable in five months, to J. C. Norton or bearer, for $200. The defendant pleaded in bar of the action a discharge by the first judge of Onondaga county on the 26th of January, 1847, in pursuance of the statute concerning “ voluntary assignments made pursuant to the application of an insolvent and his creditors.”
Read the full summary
This action was tried at the Onondaga circuit before Shank-land. J. and was upon a promissory note made by the defendant, dated March 4,1842, payable in five months, to J. C. Norton or bearer, for $200. The defendant pleaded in bar of the action a discharge by the first judge of Onondaga county on the 26th of January, 1847, in pursuance of the statute concerning “ voluntary assignments made pursuant to the application of an insolvent and his creditors.” The plaintiif replied that the discharge was obtained by fraud, and in a notice annexed to the replication specified the acts of fraud which…
1Opinion of the Court
By the Court, Allen, J.
It is provided by statute that every discharge granted under the article by virtue of which the defendant claims to have been discharged shall be void if the insolvent shall fraudulently conceal the names of any of his creditors, or the amount of any sum due to any of them. (2 R. S. 23, § 35, sub. 4.) The bare omission by the insolvent to insert the name of a creditor in the schedule of debts, or the misstatement of the amount due any creditor will not, alone, vitiate the discharge. The omission or misstatement must be intentional, with a view to a “fraudulent…
2Cases cited4 opinions
- Varick v. BriggsNew York Court of Chancery · 1837
- Faw v. MarstellerSupreme Court of the United States · 1804
- Ayres v. ScribnerNew York Supreme Court · 1837
- Slidell v. McCreaNew York Supreme Court · 1828
3Cited by6 opinions
- Tyrrel v. HammersteinNew York Supreme Court · 1900
- Hall v. RobbinsNew York Supreme Court · 1871
- Seaman v. McReynoldsThe Superior Court of New York City · 1883
- Small v. WheatonNew York Court of Common Pleas · 1855
- American Flask & Cap Co v. SonThe Superior Court of New York City · 1867
1 more not listed; retrieve them via the Exa API.