Judson v. Atwill

Cal. District Court

Judson v. Atwill

1 Cal. Dist. Ct. 217

DecidedAugust 15, 1857

StatusPublished

This text of 1 Cal. Dist. Ct. 217 (Judson v. Atwill) is published on Counsel Stack Legal Research, covering California District Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Judson v. Atwill, 1 Cal. Dist. Ct. 217 (Cal. Super. Ct. 1857).

Pincite

Opinion

Norton, J.

instructed the jury that, although they should believe from the testimony, that the defendant, at the time of filing his schedule, did not know the name of the payee, or holder of the notes, yet, having. omitted to state that the creditor’s name was unknown, and having incorrectly described the notes as payable to another person, the decree in the insolvency proceedings did not operate so as to discharge defendant from his liability on the notes, and that the plaintiff was entitled to recover.

Verdict was accordingly rendered for plaintiff.

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Norton, J.

instructed the jury that, although they should believe from the testimony, that the defendant, at the time of filing his schedule, did not know the name of the payee, or holder of the notes, yet, having. omitted to state that the creditor’s name was unknown, and having incorrectly described the notes as payable to another person, the decree in the insolvency proceedings did not operate so as to discharge defendant from his liability on the notes, and that the plaintiff was entitled to recover.

Verdict was accordingly rendered for plaintiff.

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Bluebook (online)

1 Cal. Dist. Ct. 217, Counsel Stack Legal Research, https://law.counselstack.com/opinion/judson-v-atwill-caldistct-1857.