Legal Opinion

Haack v. Theise

Appellate Terms of the Supreme Court of New York

Decided June 15, 1906PublishedCited by 6 opinions

Appeal by the plaintiff from a judgment of the Municipal Court of the city of New York, third district, borough of Manhattan, rendered in favor of the defendant.

1Opinion of the CourtLeventbitt, J.

The action was upon an account stated and for money loaned; the defense was a discharge in bank*4ruptcy and at the trial, in support thereof, the defendant introduced in evidence a certified copy of the order of discharge and so much of the schedule annexed to his petition for adjudication in bankruptcy as relates to his liabilities. The claim of the plaintiff was scheduled after that of another creditor, Bhiby and Gaffney, in manner following:

The plaintiff maintains that he is exempted from the operative force of the discharge because his claim was not properly scheduled nor had he notice or…

2Cases cited2 opinions

  1. Columbia Bank v. . BirkettNew York Court of Appeals · 1903
  2. Westheimer v. HowardAppellate Terms of the Supreme Court of New York · 1905

3Cited by6 opinions

  1. Custard v. WigdersonWisconsin Supreme Court · 1907
  2. Weidenfeld v. TillinghastCity of New York Municipal Court · 1907
  3. Weidenfeld v. TillinghastNew York City Court · 1907
  4. Kreitlein v. FergerIndiana Court of Appeals · 1912
  5. Collins v. DavidsonOhio Circuit Courts · 1908

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