National Bank & Loan Co. v. Spencer
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Frank M. Hugo, as trustee in bankruptcy of Henry G: P. Spencer, and another, from a judgment of the Supreme Court in favor of the plaintiff, the Bank of Philadelphia, entered in the office of the clerk of the county of Jefferson on the 23d day of January, 1900, upon the decision of the court rendered after a trial at the Jefferson Special Term, adjudging the judgment of the plaintiff, the Bank of Philadelphia, to be a valid lien, and dismissing the…
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Appeal by the defendants, Frank M. Hugo, as trustee in bankruptcy of Henry G: P. Spencer, and another, from a judgment of the Supreme Court in favor of the plaintiff, the Bank of Philadelphia, entered in the office of the clerk of the county of Jefferson on the 23d day of January, 1900, upon the decision of the court rendered after a trial at the Jefferson Special Term, adjudging the judgment of the plaintiff, the Bank of Philadelphia, to be a valid lien, and dismissing the complaint as to the plaintiff, The National Bank and Loan Company of Watertown, N. Y. The Bank of Philadelphia commenced…
1Opinion of the Court
Spuing, J.:
The only question in this case is whether the judgment of the plaintiff, having been recovered within four months prior to the filing of the voluntary petition in the bankruptcy proceeding, is void within subdivision f of section 67 of the National Bankruptcy Act. That section reads in part as follows : “ That all levies, judgments, attachments or tither liens, obtained through legal proceedings against a person who is insolvent, at any time within four months prior to the filing of a petition in bankruptcy against him, shall be deemed null and void in case he is adjudged a…
2Cited by4 opinions
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- In re BenedictNew York Supreme Court · 1902
- Conrad Baking Co. v. KunkelNew York Supreme Court · 1916
- McCarty v. LightAppellate Division of the Supreme Court of the State of New York · 1913