Larsen v. Hyman
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan; Seventh District. Action by Andrew Larsen against Joseph Hyman. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtPlatzek, J.
That the defendant purchased goods from the plaintiff, for which he incurred an indebtedness of $100, which remains unpaid, is unquestioned on this appeal.
A discharge in bankruptcy and the knowledge of plaintiff of pending bankruptcy proceedings, is pleaded as a defense. The certificate of the discharge of the defendant in bankruptcy is in evidence. The schedules in these proceedings were not produced by either party on the trial. No proof whatever was adduced by either party as to whether the plaintiff’s debt was or was not set out and included in 'the schedules. That the plaintiff’s demand…
2Cases cited2 opinions
- In re the Final Judicial Settlement of the Account of PetersonAppellate Division of the Supreme Court of the State of New York · 1910
- New York Institution for the Instruction of the Deaf & Dumb v. CrockettAppellate Division of the Supreme Court of the State of New York · 1907