Beck v. Witteman Bros.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Witteman Brothers, from an order of the County Court of Kings county, entered in the office of the clerk of said county on the 25th day of September, 1918.
1Opinion of the Court
Blackmar, J.:
The defendant has appealed from an order denying a motion for judgment on the pleadings. The appellant claims- that the plea in the answer of an order confirming a composition in bankruptcy, not being controverted by the reply, entitles it to judgment.
The complaint states a cause of action for goods sold and delivered. The answer alleges, as new matter constituting a defense, that the defendant was duly adjudicated a bankrupt; that the plaintiff was listed as a creditor in the schedules; that her claim was duly proved and allowed; that thereafter *645an order was duly made in the…
2Cases cited2 opinions
- Booth v. SmithNew York Supreme Court · 1829
- Hadley Falls National Bank v. . MayNew York Court of Appeals · 1885
3Cited by6 opinions
- In re MirkusCourt of Appeals for the Second Circuit · 1923
- In Re Clarence A. Nachman Co.Court of Appeals for the Second Circuit · 1925
- Jacobs v. FensterstockNew York Supreme Court · 1922
- 151 West Associates v. Printsiples Fabric Corp.Appellate Division of the Supreme Court of the State of New York · 1983
- American Rug & Carpet Co. v. HermanCity of New York Municipal Court · 1933
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