Hellman v. Licher

New York Supreme Court

Hellman v. Licher

9 Abb. Pr. 288

DecidedNovember 15, 1869

StatusPublished

This text of 9 Abb. Pr. 288 (Hellman v. Licher) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hellman v. Licher, 9 Abb. Pr. 288 (N.Y. Super. Ct. 1869).

Pincite

Opinion

Ingraham, J.

Under the old practice an insolvent discharge was allowed to be pleaded although obtained after suit, but the plaintiff was allowed to discontinue without costs. It would be unjust to deprive a party of the benefit of a discharge under the bankrupt act because the action had been commenced before the discharge.

The motion must be granted, but with the privilege to the plaintiff to discontinue without costs.

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Ingraham, J.

Under the old practice an insolvent discharge was allowed to be pleaded although obtained after suit, but the plaintiff was allowed to discontinue without costs. It would be unjust to deprive a party of the benefit of a discharge under the bankrupt act because the action had been commenced before the discharge.

The motion must be granted, but with the privilege to the plaintiff to discontinue without costs.

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Bluebook (online)

9 Abb. Pr. 288, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hellman-v-licher-nysupct-1869.