Public-domain · open source
OpenJurist

1 Abb. N. Cas. 412

Beebee v. Pyle

New York City Court

Decided March 15, 1876

New York City Court · decided 1876-03-15

Clement E. Beebee brought this action on a judgment recovered by him in this court, against Cyrus Pyle, the present, defendant, April 16, 1874, for $1267.68, upon a promissory note. The judgment was originally recovered by default, on April 16, 1874. In the action in which it was recovered the summons was for $1207.43, with interest from December 1, 1873. Less than a month before the recovery of the judgment a petition in bankruptcy was filed against defendant.

Decided 1876-03-15

Bt the Court.—Neils oh, Ch. J.

¶1It was the duty of the defendant to have stated the amount of the debt due to the plaintiff correctly, in the composition proceedings in bankruptcy. If, from inadvertence, or error of opinion, a mistake was committed, a correction could have been made by the district judge, on his attention being called to it. To illustrate: suppose a *415case where the principal of the debt being known and stated truly, the interest, regarded as a mere incident, is omitted; or a case, where it might be honestly supposed that there was no accruing interest, when in fact there was, and the principal sum only is stated; would it be just, follow as a necessary consequence, that the application should be defeated 1 We think not.

¶2We also think that such considerations should have been addressed to the court having charge of the proceedings in bankruptcy.

¶3The district court granted the required certificate on hearing the parties by their counsel, and we regard that as an adjudication, not to be questioned before, or qualified by us.

¶4We concur in the views stated by the judge on the trial, and in the conclusion of law adopted by him upon the facts found.

¶5The judgment should be affirmed with costs.

¶6Reynolds, J., concurred.

/1/abbncas/412 · .json · Public domain