Legal Opinion

In re Kimmel

District Court, S.D. New York

Decided May 24, 1939Published

1Opinion of the Court

CLANCY, District Judge.

This is a motion to vacate a stay of the collection of a judgment entered in the Municipal Court against the bankrupt.

The complaint in the Municipal Court was endorsed on the summons and stated an action for conversion. On the face of the summons was a claim that the defendant was liable to arrest. Defendant, the bankrupt, defaulted. The judgment was entered according to the recitals on its face upon an inquest taken before the Clerk of the Municipal Court. Bankrupt admits having made some payments on account *943of the debt after service and before entry of judgment. This…

2Cases cited6 opinions

McIntyre v. KavanaughSupreme Court of the United States · 1916
In Re BernardCourt of Appeals for the Second Circuit · 1937
Bank of Williamsville v. Amherst Motor Sales, Inc.Appellate Division of the Supreme Court of the State of New York · 1932
Steamship Richmond Hill Co. v. SeagerAppellate Division of the Supreme Court of the State of New York · 1898
In re MillkofskyDistrict Court, W.D. New York · 1936

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