In re David
New York Supreme Court
Motion to cancel a judgment pursuant to section 1268 of the Code of Civil Procedure.
1Opinion of the CourtGiegerich, J.
This motion to cancel a judgment pursuant to section 1268 of the Code of Civil Procedure is resisted on the ground that the judgment was not properly entered in the schedules of bankruptcy, the alleged defect consisting in a failure to state either the residence of the creditor or the fact that such residence was unknown, as required by section 1, subdivision 8, of the Bankruptcy Act. Instead of such residence or a statement that it was unknown, the schedules, under the heading “ residence,” contain the entry “ c|o DeWitt, Lockman & DeWitt, attys, 88 Nassau St., N. Y. C.,” and in the column…
2Cases cited5 opinions
- The Ocean National Bank v. . OlcottNew York Court of Appeals · 1871
- Trenton Banking Company v. . DuncanNew York Court of Appeals · 1881
- Sutherland v. LasherNew York Supreme Court · 1903
- Beman v. DouglasAppellate Division of the Supreme Court of the State of New York · 1896
- Arnold v. TreviranusAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by6 opinions
- J. R. Watkins Co. v. BrumfieldLouisiana Court of Appeal · 1956
- Weidenfeld v. TillinghastCity of New York Municipal Court · 1907
- Long Island Trust Co. v. FelderNassau County District Court · 1970
- Saidel v. Brenner, New York County Courts1964
- Weidenfeld v. TillinghastNew York City Court · 1907
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