Bronx County Trust Co. v. Cassin

Defendant Frank T. Cassin applies, pursuant to section 150 of the Debtor and Creditor Law, for the cancellation of a judgment. Plaintiff’s opposition presents a question for the precise and adequate statement of which consideration must be accorded to these circumstances:

On October 10, 1936, defendant and two other persons executed and delivered to plaintiff their promissory note.

On May 29, 1937, defendant filed a voluntary petition in bankruptcy and listed among his liabilities the debt to plaintiff on the note.

On July 15, 1937, plaintiff commenced action in this court against defendant and…