In Re the Examination of Dunfee
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 24, 1916, which affirmed an order of the Onondaga County Court vacating a prior order in supplementary proceedings. The facts, so far as material, are stated in the opinion.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 24, 1916, which affirmed an order of the Onondaga County Court vacating a prior order in supplementary proceedings. The facts, so far as material, are stated in the opinion. The following question was certified: “ Was the judgment, upon which this proceeding is based, discharged by the discharge in bankruptcy obtained by the judgment debtor?” The debt upon which the judgment was obtained was not discharged by the debtor’s bankruptcy. (Friend v. Talcott, 228 U. S.…
1Opinion of the CourtCuddeback, J.
This proceeding involves the meaning of the word “property” in,section 17 of the Bankrupt Law. The Empire State Surety Company became surety on the bond of Joseph Dunfee for $27,000 and was compelled to pay $23,561.33 on account of Dunfee’s default. The company then sued Dunfee for false representations as to his financial standing in obtaining the bond and recovered judgment against him for $27,669.53, the penalty of the bond with interest and costs.
Dunfee now asserts that this judgment against him was canceled by his discharge in bankruptcy. He alleges that obtaining the bond was not…
2Cases cited3 opinions
- Gleason v. ThawSupreme Court of the United States · 1915
- Commonwealth v. HarkinsMassachusetts Supreme Judicial Court · 1880
- Garr v. . MartinNew York Court of Appeals · 1859
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- Fidelity & Deposit Co. of Md. v. ArenzSupreme Court of the United States · 1933
- Simmons v. Wade (In Re Wade)United States Bankruptcy Court, D. Colorado · 1984
- Takeuchi Mfg. (U.S.), Ltd. v. Fields (In Re Fields)United States Bankruptcy Court, S.D. Florida. · 1984
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