Columbia Bank v. . Birkett
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 8, 1901, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 8, 1901, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury. The action is upon a promissory note for $/T50 ; dated .February 15th, 1899, and payable April 5th, 1899 ; made by the firm of Russell & Birkett, of which defendant is the'surviving member, to the order of the Manhattan Railway Adver-, tising Company and by the payee transferred to the plaintiff before maturity. Defendant set up in his1 answer the…
1DissentVann, J.
The trial court found that, upon his own petition, the defendant was adjudged a bankrupt on the 15th of April, 1899, and was discharged in bankruptcy on the 12th of September following; that the claim of the plaintiff was not duly scheduled in its name in time for proof and allowance, and that it had no notice or knowledge of the proceedings in bankruptcy prior to such discharge.
The court did not find that the plaintiff did not know of the proceedings in bankruptcy in time to prove its claim and have it allowed, but simply that it had no knowledge until after the discharge was granted. The…
2Cases cited7 opinions
- Brereton v. HullCourt for the Trial of Impeachments and Correction of Errors · 1845
- Brown, Randall & Co. v. BroachMississippi Supreme Court · 1876
- Sherwood v. MitchellNew York Supreme Court · 1847
- Stevens v. KingAppellate Division of the Supreme Court of the State of New York · 1897
- Fider v. MannheimSupreme Court of Minnesota · 1899
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