Legal Opinion

Keefauver v. Hevenor

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

Decided July 10, 1914PublishedCited by 11 opinions

Appeal by Harvey H. Hevenor, judgment debtor, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 5th day of Hovember, 1913.

1Opinion of the Court

McLaughlin, J.:

Appeal from an order denying the judgment debtor’s motion for a stay of proceedings supplementary to execution. The stay was asked for on the ground that the judgment to recover which the proceedings were instituted had been discharged in bankruptcy.

The moving papers show that the claim of the judgment creditor was duly set forth in the bankruptcy petition. The affidavits used in opposition to the motion do not deny this fact. They state that the debt was for moneys wrongfully appropriated, and no notice or knowledge of the bankruptcy proceeding came to the judgment creditor or…

2Cases cited4 opinions

  1. Crawford v. BurkeSupreme Court of the United States · 1904
  2. Tindle v. BirkettSupreme Court of the United States · 1907
  3. Tindle v. . BirkettNew York Court of Appeals · 1905
  4. In re QuackenbushAppellate Division of the Supreme Court of the State of New York · 1907

3Cited by11 opinions

  1. Ford Motor Credit Company v. Robert L. Weaver, John C. Weaver and Sons and Weaver Farms, DefendantsCourt of Appeals for the Sixth Circuit · 1982
  2. Wise v. CurdesIndiana Supreme Court · 1942
  3. In Re LinzerUnited States Bankruptcy Court, E.D. New York · 2001
  4. Katz v. KowalskyMichigan Supreme Court · 1941
  5. Devers v. Frankina (In Re Frankina)United States Bankruptcy Court, E.D. Michigan · 1983

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