Schellenberg v. Mullaney
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Michael Mullaney.} from adjudgment of the Municipal Court of the city of Hew York in favor of the plaintiffs, rendered after a trial before the court without a jury. The complaint is for goods-sold and delivered to the defendant and allegés that the goods- were clothing, which were used by the" defendant’s children, and that they were necessaries for the said children, and this was all admitted at the trial.
1Opinion of the Court
Gaynor, J.:
The defendant’s subsequent discharge in bankruptcy was held by the justice not to discharge him .from this debt. This was error. *385Seefion 17 of the Rational Bankruptcy Act as amended in 1903 excepts among others “ liabilities * * * for alimony due or to become due, or for maintenance or support of wife or child,” from discharge. (30 U. S. Stat. at Large, 550, as amd. by 32 id. 798, § 5.) This last clause refers only to the involuntary liability under the common law for support of wife and children, and to any one who relieves their want; and under bonds, or the like, given for such…
2Cited by2 opinions
- In Re Lo GrassoDistrict Court, W.D. New York · 1938
- Schwoll v. MeeksOhio Court of Appeals · 1944