In re the Final Judicial Settlement of the Account of Peterson
Appellate Division of the Supreme Court of the State of New York
Appeal by the Buffalo Cigar Company and others from a decree of the Surrogate’s Court of the county of Cattaraugus, entered in said Surrogate’s Court on the 14th day of July, 1909, disallowing certain claims filed by the appellants against the estate of William P. Peterson, deceased.
1Opinion of the Court
Williams, J.:
The decree should be affirmed, with costs.
The appellants during the lifetime of the intestate recovered judgments against him. Thereafter he went into bankruptcy and received his discharge in the ordinary form. The judgments were upon claims of a nature dischargeable in bankruptcy, and were never paid. Upon the final accounting these judgments were presented,. were disputed and were disallowed upon the sole ground that by the discharge in bankruptcy they were no longer enforcible against the intestate or his estate. Two points are made upon the appeal.
First. . That the surrogate…
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