Legal Opinion

Horbach v. Arkell

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

Decided May 5, 1916PublishedCited by 12 opinions

Appeal by the plaintiff, Paul W. Horbach, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 31st day of December, 1915, upon the verdict of a jury dismissing the complaint, and also from an order entered in said clerk’s office on the 30th day of December, 1915, denying plaintiff’s motion for a new trial made upon the minutes.

1Opinion of the Court

Page, J.:

This action was brought between the original parties upon a judgment of the Supreme Court, Hew York county.

The defendant has pleaded his discharge in bankruptcy on the 15th day of July, 1908, in the United States District Court for the District of Hevada. In the schedules in bankruptcy filed by the defendant, the plaintiff’s claim was scheduled as follows: “ [Creditor] Paul W. Horbach, Residence * * * Lotus Club, *567New York. When & Where Contracted, New York, Hay 20, 1905. Nature and Consideration of the Debt; * * * Judgment in Sup. Court Brokerage Acct., Amount $12,182.10.”

The…

2Cases cited3 opinions

  1. Birkett v. Columbia BankSupreme Court of the United States · 1904
  2. Columbia Bank v. . BirkettNew York Court of Appeals · 1903
  3. In re QuackenbushAppellate Division of the Supreme Court of the State of New York · 1907

3Cited by12 opinions

  1. Hyde Park Flint Bottle Co. v. MillerAppellate Division of the Supreme Court of the State of New York · 1917
  2. Wyser v. EstrinAppellate Division of the Supreme Court of the State of New York · 1955
  3. Lansing Liquidation Corp. v. HeinzeAppellate Division of the Supreme Court of the State of New York · 1918
  4. Salmon v. SarnoAppellate Division of the Supreme Court of the State of New York · 1942
  5. Van Gilder v. BarnesMichigan Supreme Court · 1939

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