Pratt v. Babcock

New York Court of Chancery

Pratt v. Babcock

10 Paige Ch. 295

DecidedMay 3, 1843

StatusPublished

This text of 10 Paige Ch. 295 (Pratt v. Babcock) is published on Counsel Stack Legal Research, covering New York Court of Chancery primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Pratt v. Babcock, 10 Paige Ch. 295 (N.Y. 1843).

Pincite

Opinion

The Chancellor

said that where a defendant was a proper party, as one of the judgment debtors, at the time of the filing [296]*296of the bill, and had subsequently been discharged, it was a matter of course to permit the complainant to dismiss his bill as to sucb pai'ty, if the application was made within a reasonable time after the complainant had notice of the discharge under the bankrupt act; unless the defendant would stipulate to waive the benefit of his discharge.

Order accordingly.

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The Chancellor

said that where a defendant was a proper party, as one of the judgment debtors, at the time of the filing [296]*296of the bill, and had subsequently been discharged, it was a matter of course to permit the complainant to dismiss his bill as to sucb pai'ty, if the application was made within a reasonable time after the complainant had notice of the discharge under the bankrupt act; unless the defendant would stipulate to waive the benefit of his discharge.

Order accordingly.

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Bluebook (online)

10 Paige Ch. 295, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pratt-v-babcock-nychanct-1843.