Legal Opinion

In re Lusch

District Court, E.D. New York

Decided May 6, 1918PublishedCited by 8 opinions

In Bankruptcy. In the matter of the voluntary petition of Reuben M. Busch. On motion by a judgment creditor to discharge a stay against the judgment which was rendered by the state court.

1Opinion of the Court

CHATFIELD, District Judge.

The bankrupt has obtained, pending application for discharge or further order, a stay against a judgment entered in the Supreme Court of New York for negligence in operating an automobile. The summons and complaint upon which the judgment was obtained show the usual cause of action for tort, but the judgment creditor seeks to vacate the stay upon affidavits charging that the bankrupt willfully and maliciously caused the injury for which the judgment was given, by deliberately running down the judgment creditor, after knocking him down in the street. The judgment…

2Cases cited5 opinions

  1. Tinker v. ColwellSupreme Court of the United States · 1904
  2. Peters v. United States ex rel. KelleyCourt of Appeals for the Seventh Circuit · 1910
  3. Burnham v. PidcockAppellate Division of the Supreme Court of the State of New York · 1901
  4. In re NuttallDistrict Court, S.D. New York · 1912
  5. Burnham v. PidcockAppellate Division of the Supreme Court of the State of New York · 1901

3Cited by8 opinions

  1. Bohn v. WatsonCalifornia Court of Appeal · 1954
  2. Panagopulos v. Manning Et Ux.Utah Supreme Court · 1937
  3. Pridgen v. HeadSupreme Court of Alabama · 1968
  4. In re SchefflerDistrict Court, W.D. New York · 1932
  5. Emigh v. LohnesWashington Supreme Court · 1944

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