Mandell v. Levy
Appellate Terms of the Supreme Court of New York
Appeal by plaintiffs from a judgment rendered in favor of the defendants in the Municipal Court of the city of New York, seventh district, borough of Manhattan.
1Opinion of the CourtLeventritt, J.
The plaintiffs sued for goods sold and delivered. The defense pleaded was a discharge in bankruptcy. In support of the defense a properly certified copy *148of the order of confirmation of a composition in bankruptcy was offered and admitted in evidence. This order of confirmation recited that “ the consideration and money required by law to be deposited ” had been deposited' “ as ordered.” This order acted as a discharge and can be pleaded in bar. Bankruptcy Law, § 12, subd. d; Collier Bank. (5th ed.) 159; Glover Grocery Co. v. Dorne, 8 Am. Bank. Rep. 702; Matter of Becket, 3 Fed. Cas. No. 1210.…
2Cases cited2 opinions
- Lawrence v. . HarringtonNew York Court of Appeals · 1890
- Scheper v. BriggsAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by3 opinions
- In Re KornbluthCourt of Appeals for the Second Circuit · 1933
- In re MassellDistrict Court, D. Massachusetts · 1922
- In re GreenmanDistrict Court, D. Maine · 1935