Weidenfeld v. Tillinghast
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Special Term. Action by Camille Weidenfeld against Henry W. Tillinghast. From an order (104 N. Y. Supp. 713) denying a motion to cancel the judgment for plaintiff on the ground that defendant was discharged from the debt in bankruptcy, defendant appeals.
1Dissent
GILDERSLEEVE, P. J. (dissenting).
In February, 1904, the appellant herein filed his schedules in bankruptcy. The respondent was among his judgment creditors. The court below denied a motion to cancel the judgment, upon the ground that the respondent had no notice or knowledge of the bankruptcy proceedings and that the debt had not been duly scheduled. The debtor appeals.
During the year 1904 the creditor resided at Oyster Bay, Nassau county, N. Y., and his office or business address was No. 43 Exchange Place, borough of Manhattan, city of New York. The debtor was unaware of the creditor’s home…
2Cases cited5 opinions
- Columbia Bank v. . BirkettNew York Court of Appeals · 1903
- Spencer v. . MyersNew York Court of Appeals · 1896
- Graber v. GaultAppellate Division of the Supreme Court of the State of New York · 1905
- Cincinnati, H. & D. R. Co. v. IvesNew York Supreme Court · 1889
- Graber v. GaultAppellate Division of the Supreme Court of the State of New York · 1905