Legal Opinion

Fechter v. Postel

Appellate Division of the Supreme Court of the State of New York

Decided July 24, 1906PublishedCited by 8 opinions

Appeal by the plaintiff, Benny Fechter, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk-of the county of Kings on the 5th day of January, 1906, canceling and discharging of record a judgment of the Municipal Court of the city of Hew York, recovered by the plaintiff against the defendant, and dismissing proceedings supplementary to execution issued thereon.

1Opinion of the Court

Hirschberg, P. J.:

The order appealed from was properly granted. The judgment which the order cancels was rendered in the Municipal Court of the city of Hew York in an action for conversion. Thereafter the *777judgment debtor, the defendant herein, duly filed a voluntary petition in bankruptcy, was adjudged a bankrupt and was discharged from all his debts provable in that proceeding. The judgment in question was duly scheduled in his petition and he was discharged from all liability on the judgment, provided the debt upon which it was founded is a debt provable m bankruptcy, and not excepted from…

2Cases cited5 opinions

  1. Frey v. TorreyAppellate Division of the Supreme Court of the State of New York · 1902
  2. Frey v. . TorreyNew York Court of Appeals · 1903
  3. Tindle v. . BirkettNew York Court of Appeals · 1905
  4. Crawford v. BurkeIllinois Supreme Court · 1903
  5. Watertown Carriage Co. v. . HallNew York Court of Appeals · 1903

3Cited by8 opinions

  1. Maxwell v. MartinAppellate Division of the Supreme Court of the State of New York · 1909
  2. Walker Bros. v. Capital City Grocery Co.Court of Appeals of Georgia · 1922
  3. Wood v. FiskAppellate Division of the Supreme Court of the State of New York · 1913
  4. In re KalkDistrict Court, N.D. New York · 1921
  5. State ex rel. Wheatley v. BeckIndiana Supreme Court · 1911

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