New York Institution for the Instruction of the Deaf & Dumb v. Crockett
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William F. Crockett, from an order of the Supreme Court, made at the Dew York Special Term and entered in the office of the clerk of the county of Dew York.on the 14th day of August,, 1906, denying the said defendant’s- motion to have canceled and discharged of record a certain judgment entered in said clerk’s office 'On the 7th day of March, 1901, as to him, pursuant to the provisions of section 1268' of the Code of Civil Procedure, upon the ground…
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Appeal by the defendant, William F. Crockett, from an order of the Supreme Court, made at the Dew York Special Term and entered in the office of the clerk of the county of Dew York.on the 14th day of August,, 1906, denying the said defendant’s- motion to have canceled and discharged of record a certain judgment entered in said clerk’s office 'On the 7th day of March, 1901, as to him, pursuant to the provisions of section 1268' of the Code of Civil Procedure, upon the ground that he has been discharged therefrom by á discharge in bankruptcy.
1Opinion of the Court
Laughlin, J.:
The judgment sought to be discharged is a deficiency judgment obtained in an action to foreclose a mortgage given by the defend-, ant Crockett, the petitioner, and one John S. Roddy. The inov-’ ing papers show that on the 5th day of August, 1902, more than, one year prior to-the application for cancellation of the judgment, the petitioner, in voluntary bankruptcy proceedings duly instituted by him in the month of-June, 1902, in the United States District Court for the Southern District of Hew York, where he had resided for more than six months, was duly discharged from all debts…
2Cases cited16 opinions
- Kirby v. SchoonmakerNew York Court of Chancery · 1848
- Saunders v. . ReillyNew York Court of Appeals · 1887
- Turner v. . JaycoxNew York Court of Appeals · 1869
- Berkshire Woolen Company v. . JuillardNew York Court of Appeals · 1879
- Davis v. President of the Delaware & Hudson Canal Co.New York Court of Appeals · 1888
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3Cited by5 opinions
- In re the Final Judicial Settlement of the Account of PetersonAppellate Division of the Supreme Court of the State of New York · 1910
- Manheim v. LoeweAppellate Division of the Supreme Court of the State of New York · 1918
- City Nat. Bank of Decatur v. GreeneCourt of Appeals of Texas · 1926
- In re the Judicial Settlement of the Estate of ClodgoNew York Surrogate's Court · 1928
- Larsen v. HymanAppellate Terms of the Supreme Court of New York · 1910