The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-07-30
Court of Common Pleas.
In Chambers-BeCore Judge UIshoefer

July 29.-HIGHLY IMPORTANT DECIsIoN-The People of
The State Of Nsw York the complaint of 4dolphus III
Lssak vs. Aaron .abrahams.-The plaintiff merchant
in Maiden lane, the defendant celebrated pedlar who
had been entrusted in going South with large quantity
OF goods by some Of our merchants $4,000 worth OF it by
plaintiff Abrahams arrested after his return under
he State law abolishing imprisonment for debt aud
punish fraudulent debtors usually termed the Stwel
lco on charge of fraud Anterior to his arrest the de-
endant had filed petition in bankruptcy and his
EEL Mr. Brady contended that subsequent process could
not be issned by State Court. This met in oppos.
ion, by Mr.. Joachimsson and Mr.. Cook for plaintiff
The complaint which the of Abrahams was
ounded states, that when he back last time he
vent into plaintiff store with his hat over his eyes.
nearly to conceal his face The plaintiff asked him what
vas the matter He replied, "oh have lost all my
ey in Philadelphia. ! lost my pocket book with all my
money u it, In to where he lost it, he said "he
ioud not tell All he knew that he had lost his peck
It book with all his money in it." He has since become
etioner in bankruptcy but his schedule exhibits few or
effects although he has been with large quantity
If money subsequent to such, amounting to more than
$4,000 in gold and bank bills.
Judge ULsHoEFrER in delivering his opinion, said, on
he one hand, the charges against the defendant Of
very gross frani and the other by means feel
tn %
lent debtors act II the defendant is discharged
bankrupt feel rather confident that the proceedings
Ter the fraudulent debtors act must terminate When he
fully discharged from all his debts surrendering his
property the creditors will be from any other
ceilings for the coe.ton of their demands II has
been held, believe, that after yojintary petition in
bankruptcy presented cannot be withdrawn so that
the defendant must proceed under the bankrupt law and
be relieved from the present proceeding. In the
time, and until his final discharge, till the bankrupt's
petition is disposed Of TO proceed should pro-
ceedings till then, be suspended II the application for
discharge from his debts should be denied defendant
he proceedings Of the plaintiff might still be eectua
My impression that the voluntary application merely
ought not be deemed in telfa precuson of legal pro-
ceedng against the petitioners for the colleco debt
final certificate of discharge is alone bar to suits
proceedings for debts comprehended in she discharge
inclined to the opinion thar after voluntary application
in bankruptcy or after compulsory final en-.
iorcement Of the remedies, relates to other courts
should be postponed until the bankrupt proceedings
disposed Of do not mean that other suits should not be
allowed to be instituted proceeded with but that no
final action should be allowed that might in their
quences conflict with the bankrupt proceedings pro-
luce collision between the courts In the particular
before the object is by imprisonment to compel the
defendant to surrender his property pay the plain
tfs demand He has no right to do either after his petit
ton except under the bankrupt proceedings 1.-The de-
MED his final bankrupt discharge, then may proceed
My impression is that the proceedings ought to adj
journed until the bankrupt proceedings finally settled
appearance.
If debtor voluntarily petitions for the benefit of the
bankrupt act it seems to me that the Judge before whom
subsequent proceedings under the fraudulent debtors
act, instituted against the petitioner, may with pro-
priety postpone proceedings to prevent any ira
action until the bankrups applcato is disposed Of This
decision where proceedings instituted after the pc
tition in bankruptcy, and when the plaintiff has
knowledge of such, and where the proceeding is COM
pei the defendant to do that which he voluntarily offers
10. If the proceedings prior to the bankrupts APP
picaton, the consequences might be different"
The bail was held, and the adjourned to the 25h
Sentember