Ansonia Brass & Copper Co. v. New Lamp-Chimney Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 64 Barb., 435.) This action awas upon nine promissory notes made by defendant. The defence was that in proceedings under the bankrupt law defendant had been declared bankrupt and that plaintiff’s claims had been proved in said proceedings and a dividend received thereon.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 64 Barb., 435.) This action awas upon nine promissory notes made by defendant. The defence was that in proceedings under the bankrupt law defendant had been declared bankrupt and that plaintiff’s claims had been proved in said proceedings and a dividend received thereon. The defence set up was proved upon the trial, and defendant moved for a dismissal of the complaint upon the ground that under section 21 of the…
1Opinion of the CourtFolger, J.
The appellant claims that by virtue of the twenty-first section of the United States bankrupt act (Laws of U. S., 14 Stat. at Large, p. 517), the plaintiff having proved its debt agairist the defendant, shall not be allowed to maintain its suit therefor against the defendant, but shall be deemed to have waived all right of action against it. This section is very broad in its terms. In its unrestricted import, it does give plausibility to the position of the defendant. Without attempting to determine, from an interpretation of the section itself, whether such a claim is in all cases well…
2Cited by25 opinions
- Fourth Nat. Bank of NY v. FrancklynSupreme Court of the United States · 1887
- Matter of Kaplan v. PeyserNew York Court of Appeals · 1937
- Mohr v. Minnesota Elevator Co.Supreme Court of Minnesota · 1889
- Chamberlin v. Huguenot Manufacturing Co.Massachusetts Supreme Judicial Court · 1875
- Talcott v. . HarrisNew York Court of Appeals · 1883
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