Cal. District Court, 1857

Judson v. Atwill

Judson v. Atwill
Cal. District Court · Decided August 15, 1857 · Norton
1 Cal. Dist. Ct. 217

Counsel

Love §• Provines, for plaintiff., Janes, Lake £ Boyd, for defendant.

Judson v. Atwill

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.