Legal Opinion

Jacobs v. Fensterstock

New York Supreme Court

Decided March 15, 1922PublishedCited by 3 opinions

Motion to set aside verdict and for dismissal of complaint.

1Opinion of the CourtGavegan, J.

The action is for goods sold and delivered. The defendant pleads a discharge resulting from a composition in bankruptcy.

The composition provided for the payment of twenty per cent, ten per cent in cash and ten per cent in two notes, one for five per cent, payable two months after the date of the order of confirmation, and the other for five per cent, payable four months after the same date. Plaintiff’s claim was filed with the referee in bankruptcy. No defect is asserted as to the bankruptcy proceedings, and those relating to the composition itself complied in all respects with the National…

2Cases cited5 opinions

  1. Beck v. Witteman Bros.Appellate Division of the Supreme Court of the State of New York · 1918
  2. Wood & Selick v. VanderveerAppellate Division of the Supreme Court of the State of New York · 1900
  3. American Woolen Co. v. FriedmanCity of New York Municipal Court · 1916
  4. American Can Co. v. SchenkelAppellate Terms of the Supreme Court of New York · 1920
  5. Kobre Assets Corp. v. BakerAppellate Division of the Supreme Court of the State of New York · 1917

3Cited by3 opinions

  1. In re MirkusCourt of Appeals for the Second Circuit · 1923
  2. Jacobs v. FensterstockAppellate Division of the Supreme Court of the State of New York · 1922
  3. Reiss v. Velleman & Co.New York Supreme Court · 1922

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