Lutz v. Kalmus
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Trial Term. Action by John Lutz and another against Philip Kalmus and another. , From an order of the City Court granting the motion of defendant Kalmus to cancel a judgment in favor of plaintiffs, they appeal. Affirmed.
1Opinion of the CourtGildersleeve, P. J.
On November 12,1891, John and Charles F. Lutz, of this city, recovered a judgment against Philip Kalmus and Charles Myers, copartners. In 1898 John Lutz died, leaving Charles the sole surviving plaintiff and creditor. In February, 1906, Kalmus was adjudged a bankrupt, and was thereafter duly discharged as such on May 21st of that year. In December, 1908, Kalmus obtained an order to show cause why the judgment should not be canceled and discharged of record, and the appellant herein opposed such motion. The motion was granted, and from the order made the judgment creditor appeals.
The debtor…
2Cases cited10 opinions
- Columbia Bank v. . BirkettNew York Court of Appeals · 1903
- Graber v. GaultAppellate Division of the Supreme Court of the State of New York · 1905
- Sutherland v. LasherNew York Supreme Court · 1903
- Haack v. TheiseAppellate Terms of the Supreme Court of New York · 1906
- Westheimer v. HowardAppellate Terms of the Supreme Court of New York · 1905
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