New York Supreme Court, 1869

Hellman v. Licher

Hellman v. Licher
New York Supreme Court · Decided November 15, 1869 · Ingraham
9 Abb. Pr. 288
Hellman v. Licher

Opinion of the Court

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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