Legal Opinion

Hanan v. Long

Appellate Division of the Supreme Court of the State of New York

Decided April 4, 1912PublishedCited by 6 opinions

Appeal by the plaintiff, Blossie A. Hanan, as surviving executrix, etc., of Marcus Hanan, deceased, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 16th day of January, 1912, which by its terms takes the place of a prior order entered in said clerk’s office on the 11th day of December, 1911, granting the defendant’s motion to discharge a judgment.

1Opinion of the Court

Thomas, J.:

The. question is whether a judgment against a debtor discharged in bankruptcy was properly canceled. The judgment entered in 1901 is for the recovery of money, and rests upon a complaint for breach of contract to pay $2,500 in cash, also a sum equal to a sum to the credit of a named company on a fixed date, also the collected net profits of such company, also the balance of accounts receivable by such company less outstanding debts. There is no allegation of wrongful withhold*328ing unless it be found in the recital, “ it being also agreed that the defendant should act as agent for the…

2Cases cited3 opinions

  1. Tinker v. ColwellSupreme Court of the United States · 1904
  2. Burnham v. PidcockAppellate Division of the Supreme Court of the State of New York · 1901
  3. In re BenoitAppellate Division of the Supreme Court of the State of New York · 1908

3Cited by6 opinions

  1. Proctor Securities Corp. v. HandlerNew York Supreme Court · 1957
  2. In re PaleyAppellate Division of the Supreme Court of the State of New York · 1940
  3. First National Bank v. HaymesCivil Court of the City of New York · 1966
  4. Bronx County Trust Co. v. CassinCity of New York Municipal Court · 1939
  5. Tomaino v. Gigliotti, New York County Courts1959

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