Legal Opinion

Schild v. Quality Furs, Inc.

Appellate Terms of the Supreme Court of New York

Decided October 31, 1958Published

1Per curiam

A triable issue was presented as to whether or not plaintiffs’ representative agreed to abide by the recommendation of the creditors’ committee or accepted the compromise plan recommended by the committee. This is a material triable issue, since proof of such agreement or acceptance would operate as a bar to plaintiffs’ recovery. Acceptance of a composition with other creditors is a valid agreement which discharges the original debt. (White v. Kuntz, 107 N. Y. 518, 522; Chemical Nat. Bank of N. Y. v. Kohner, 58 How. Prac. 267, revd. 85 N. Y. 189; Heinzer v. Klyberg, 87 Misc. 315.)

The judgment…

2Cases cited4 opinions

  1. White v. . KuntzNew York Court of Appeals · 1887
  2. Chemical Nat'l Bank of N.Y. v. . KohnerNew York Court of Appeals · 1881
  3. Chemical National Bank v. KohnerNew York Court of Common Pleas · 1880
  4. Heinzer v. KlybergAppellate Terms of the Supreme Court of New York · 1914

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