Rappaport v. Nichols

The opinion of the court was delivered by

Leonard, J. A. D.

Judge Barrett, on August .17, 1961, found that defendant’s conduct, in driving while he was intoxicated, was under the totality of the circumstances, “wilful and malicious as the terms are used in the Bankruptcy Act.” Consequently, the judge denied defendant’s motion to stay, pending his bankruptcy proceeding, the execution against his wages issued to satisfy a judgment in a negligence action. This finding was incorporated in an order dated August 24, 1961.

We agree with Judge Hayden’s determination made on March 8, 1968 upon a renewed…