In re Banks
District Court, N.D. New York
In Bankruptcy. In the matter of bankruptcy proceedings of Ira O. Banks. Proceedings to review referee’s order allowing the respective claims of Philip Quencer and John Quencer.
1Opinion of the Court
RAY, District Judge.
The referee lias, allowed the claim of John Quencer at the sum of $792.03 and the claim of Philip Quencer at the sum of $701.26. The allowance of these claims is challenged on the ground that they were barred by the six years’ statute of limitations at the time the petition in bankruptcy was fried, and that the bar of the statute had not been removed by part payment or by an acknowledgment of the debt in writing, as provided by section 395 of the Code of Civil Procedure of the state of New York, which provides that:
“An acknowledgment or promise contained in a writing,…
2Cases cited8 opinions
- Winchell v. . HicksNew York Court of Appeals · 1859
- Crow v. . GleasonNew York Court of Appeals · 1894
- Brooklyn Bank v. . BarnabyNew York Court of Appeals · 1910
- Wright v. ParmenterAppellate Terms of the Supreme Court of New York · 1898
- Esselstyn v. . WeeksNew York Court of Appeals · 1855
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Doscher v. GarvinCourt of Appeals for the Second Circuit · 1924
- In re German-American Improvement Co.District Court, E.D. New York · 1923
- In re BlankenshipDistrict Court, S.D. California · 1915
- In re SalmonDistrict Court, S.D. New York · 1916