Mulock v. . Byrnes
New York Court of Appeals
Appeal by Fannie J. Byrnes, as assignee of the judgment rendered in this action, from order of the General Term of the Supreme Court in the first judicial department,' made January 16, 1891, which affirmed an order of the Special Term granting a perpetual stay of proceedings. The nature of the proceeding and the facts, so far as material, are stated in the opinion. The alleged discharge in bankruptcy granted to the respondent does not bar the appellant’s claim.
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Appeal by Fannie J. Byrnes, as assignee of the judgment rendered in this action, from order of the General Term of the Supreme Court in the first judicial department,' made January 16, 1891, which affirmed an order of the Special Term granting a perpetual stay of proceedings. The nature of the proceeding and the facts, so far as material, are stated in the opinion. The alleged discharge in bankruptcy granted to the respondent does not bar the appellant’s claim. (U. S. R. S. § 5117; Blumenstiel on Bankruptcy, 540, 541; Argall v. Jacobs, 87 N. Y. 110; Clark v. Bowling, 3 id. 216 ; Monroe v.…
1Opinion of the Court
Ruger, Ch. J.
The defendant, upon showing a discharge from his debts made August. 25.1890, in proceedings in bankruptcy commenced in 1878, moved for a perpetual stay of proceedings against Fannie J. Byrnes, as assignee, from collecting a judgment rendered against him on August 8, 1877, in the Supreme Court of this state in favor of Maria Mulock. The judgment purported to have been rendered in an action commenced in September, 1873, upon a promissory note for $2,500, executed by the defendant June 1, 1870, and payable to the order of Fannie J. Byrnes one year after date, with interest. This…
2Cases cited4 opinions
- Neal v. ClarkSupreme Court of the United States · 1878
- Cronan v. CottingMassachusetts Supreme Judicial Court · 1870
- Palmer v. . HusseyNew York Court of Appeals · 1882
- Hennequin v. . ClewsNew York Court of Appeals · 1879
3Cited by7 opinions
- Glover v. National Bank of CommerceAppellate Division of the Supreme Court of the State of New York · 1913
- In re ButtsDistrict Court, N.D. New York · 1903
- Lewis v. ShawAppellate Division of the Supreme Court of the State of New York · 1907
- In re CameloDistrict Court, N.D. New York · 1912
- In re BenedictNew York Supreme Court · 1902
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