Kavanaugh v. . McIntyre
New York Court of Appeals
■Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered May 27, 1912, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term, a jury having been waived.
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■Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered May 27, 1912, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term, a jury having been waived. It appears from the findings and decision of the trial court that in the month of February, 1908, the defendants John G. McIntyre, Thomas A. McIntyre, Jr., and Edward T. White, together with Thomas A. McIntyre, now deceased, and one George 0. Eyan were partners as stockbrokers in the city of New York, under the firm name of T. A. McIntyre & Co.…
1Opinion of the CourtCuddeback, J.
Section 17 of the Bankruptcy Act, as amended in 1903, provides that a discharge in bankruptcy shall release a bankrupt from all his provable debts, except, among others, such debts as “ are liabilities -x- -x- # for willful and malicious injuries to the * * * property of another.”
The question in this case, of course, is whether the liability of the defendants asserted by the plaintiff is for willful and malicious injuries to the plaintiff’s property.
In Hilliard on Torts (Vol. 1 [3rd ed.], p. 464) it is said: “ Injuries to property are in themselves of great variety; being committed with or…
2Cases cited8 opinions
- Tinker v. ColwellSupreme Court of the United States · 1904
- Crawford v. BurkeSupreme Court of the United States · 1904
- Strang v. BradnerSupreme Court of the United States · 1885
- Castle v. BullardSupreme Court of the United States · 1860
- Tindle v. BirkettSupreme Court of the United States · 1907
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3Cited by32 opinions
- McIntyre v. KavanaughSupreme Court of the United States · 1916
- Caplan v. CaplanNew York Court of Appeals · 1935
- 1 Collier bankr.cas.2d 276, Bankr. L. Rep. P 67,308 in the Matter of Morley M. Kasler, Bankrupt. Industrie Aeronautiche E. Meccaniche Rinaldo Piaggio S.P.A., an Italian Corporation v. Morley M. KaslerCourt of Appeals for the Ninth Circuit · 1979
- Lippes v. Atlantic BankAppellate Division of the Supreme Court of the State of New York · 1979
- Maryland Casualty Co. v. BeleznayWisconsin Supreme Court · 1944
27 more not listed; retrieve them via the Exa API.