Leo v. Joseph
New York Supreme Court
Appeal from special term, New York county. Action by Arnold Leo against Israel Joseph and Joseph Albert Joseph. Plaintiff appeals from an order dismissing supplementary proceedings upon the ground that the judgment entered in the action had been discharged by bankruptcy proceedings.
1Opinion of the CourtVan Brunt, P. J.
In February, 1876, the judgment debtors were declared bankrupts, and in May or June of that year they applied for a discharge. The judgment creditors herein, and other creditors, filed specifications in opposition, and testimony was taken; and the discharge was denied by the district court on the ground of fraudulent conveyance of property by the debtors in violation of section 5110 of the Revised Statutes of the United States. On the 5th of September, 1879, the judgment creditor brought his action in this court; and, upon the failure of the judgment debtor to appear, judgment was entered in…
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