Lawrence v. . Harrington
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made May 14, 1888, which affirmed a judgment in favor of plaintiffs entered upon a decision of the court on trial without a jury. This action was* commenced July 8, 1887, and was for moneys expended for the use of the firm of Bousseau & Harrington, of which the defendant is the surviving partner.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made May 14, 1888, which affirmed a judgment in favor of plaintiffs entered upon a decision of the court on trial without a jury. This action was* commenced July 8, 1887, and was for moneys expended for the use of the firm of Bousseau & Harrington, of which the defendant is the surviving partner. The defense pleaded was the discharge of said firm in bankruptcy, and that the claim was barred by the Statute of Limitations. The petition in bankruptcy was filed on November 24,…
1Opinion of the CourtBrown, J.
There is no dispute between the parties but that the two notes-which matured February twenty-sixth and March third respectively, were covered by the discharge in bankruptcy, but the respondents assert that the other notes having had their origin in the conversion by defendant’s firm of the proceeds of the note of $671 on July 10, 1877, were taken out of the operation of the discharge in bankruptcy By the 33d section of the Bankrupt Act (R. S. § 5117), which declares that “no debt created by fraud or embezzlement of the bankTupt, or by his defalcation as a public officer, or while acting in a…
2Cases cited9 opinions
- Neal v. ClarkSupreme Court of the United States · 1878
- Strang v. BradnerSupreme Court of the United States · 1885
- Hennequin v. ClewsSupreme Court of the United States · 1884
- Allen & Co. v. FergusonSupreme Court of the United States · 1874
- Palmer v. . HusseyNew York Court of Appeals · 1882
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3Cited by33 opinions
- Brooklyn Bank v. . BarnabyNew York Court of Appeals · 1910
- Frey v. TorreyAppellate Division of the Supreme Court of the State of New York · 1902
- Herrington v. . DavittNew York Court of Appeals · 1917
- In re the Accounting of Rochester Trust & Safe Deposit Co.Appellate Division of the Supreme Court of the State of New York · 1945
- Needham v. MatthewsonSupreme Court of Kansas · 1909
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