Cohen v. Pecharsky
New York Supreme Court
Appeal by the plaintiff from a judgment of the Municipal Court of the city of Yew York, second district, borough of The Bronx, rendered in favor of the defendant after a trial by the court without a jury.
1Opinion of the CourtWhitney, J.
This is an action against the defendant as the maker of three promissory notes and accommodation indorser of a fourth. The only serious defense is the discharge of the defendant in a bankruptcy proceeding com*73menced by petition filed April 14, 1904. Two of the notes of which he was the maker were made prior to that date, and there is no serious doubt that as to those he was discharged. The third, however, is dated April sixteenth, two days after the petition was filed. There is no evidence that it represented an indebtedness previously existing. Hence as to this note he was not discharged.
The…
2Cited by1 opinion
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