Latimer v. McKinnon
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Frank H. McKinnon and another, from an order of the Supreme Court, made at the Broome Special ■Term and entered in the office of the clerk of the county' of Chenango on the 2d day of December, 1902, striking out the 2d subdivision of the supplemental answer of said defendants.
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Appeal by the defendants, Frank H. McKinnon and another, from an order of the Supreme Court, made at the Broome Special ■Term and entered in the office of the clerk of the county' of Chenango on the 2d day of December, 1902, striking out the 2d subdivision of the supplemental answer of said defendants. The subdivision stricken out was one alleging as a defense the discharge of the defendants in bankruptcy by an order of the United States District Court made on the 11th day of June, 1901, which discharge included the claim sued upon.
1Opinion of the Court
Chester, J.:
The facts concerning' this somewhat unusual litigation are quite fully stated in an opinion of Mr. Justice Houghton, handed down at this term of court, with a decision affirming a judgment overruling a demurrer by the defendant Clark,. as trustee, to the complaint and supplemental complaint in this action, and need not be here repeated. (85 App. Div. 224.)
After the court had affirmed an order denying the motion of these appellants for leave to serve a supplemental answer alleging *276their discharge in bankruptcy (see 72 App. Div. 290) they served a supplemental answer.containing a…
2Cases cited2 opinions
- Latimer v. McKinnonAppellate Division of the Supreme Court of the State of New York · 1902
- Latimer v. McKinnonAppellate Division of the Supreme Court of the State of New York · 1903