Legal Opinion

Barbery v. Cohen

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

Decided May 31, 1918PublishedCited by 15 opinions

Appeal by one of the judgment debtors, Philip Mendel-man, from an. order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 24th day of December, 1917, denying the motion of the defendant Philip Mandelman to stay proceedings for the enforcement of the judgment herein.

1Opinion of the Court

Page, J.:

The proceeding is supplementary to execution against property upon a judgment obtained in an action in equity. Mandelman, one of the judgment debtors, claims that the debt evidenced by said judgment has been discharged as to him in his bankruptcy proceedings. The question involved upon this appeal is whether the debt was dischargeable in bankruptcy. The facts found in the equity action were, briefly stated, as follows:. The plaintiff had organized a corporation in which he owned the entire capital stock, consisting of-100 shares. The corporation obtained a lease of certain premises…

2Cases cited7 opinions

  1. Tinker v. ColwellSupreme Court of the United States · 1904
  2. McIntyre v. KavanaughSupreme Court of the United States · 1916
  3. Wood v. . FiskNew York Court of Appeals · 1915
  4. Kavanaugh v. . McIntyreNew York Court of Appeals · 1914
  5. Kavanaugh v. McIntyreAppellate Division of the Supreme Court of the State of New York · 1908

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3Cited by15 opinions

  1. Greenfield v. TuccilloCourt of Appeals for the Second Circuit · 1942
  2. Bank of Williamsville v. Amherst Motor Sales, Inc.Appellate Division of the Supreme Court of the State of New York · 1932
  3. Peerson v. MitchellSupreme Court of Oklahoma · 1950
  4. Rivera v. Moore-McCormack Lines, Inc.District Court, S.D. New York · 1965
  5. WLC Enters., Inc. v. Rylant (In re Rylant)United States Bankruptcy Court, D. New Mexico · 2018

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