Birkett v. Columbia Bank
Supreme Court of the United States
ERROR TO THE SUPREME COURT OP THE STATE OP NEW YORK. This is an action on ,a promissory note for $750. The defense is discharge in bankruptcy. The making of the note was admitted, and the only question presented is the effect of the discharge.
Read the full summary
ERROR TO THE SUPREME COURT OP THE STATE OP NEW YORK. This is an action on ,a promissory note for $750. The defense is discharge in bankruptcy. The making of the note was admitted, and the only question presented is the effect of the discharge. The facts as found by the court are: Plaintiff in error and one Calvin Russell, who died before the commencement of this action, were partners doing business under the name of Russell ■ & Birkett, and in that name made and delivered to the Manhattan Railway Advertising Company a promissory note for $750. The latter company endorsed the note to defendant…
1Opinion of the CourtJustice McKenna
The judgment was' successively confirmed by the Appellate Division of the Supreme Court and the Court of Appeals. 174 N. Y. 112. Thereupon judgment was entered in the Supreme Court in accordance with the direction of the Court of Appeals. This writ of error was then sued out.
Section 7 of the Bankrupt Law of 1898 devolves a number of duties upon the bankrupt, all directed to the purpose of a full and unreserved exposition of his affairs, property and creditors. Among his duties he is required to “prepare, make oath to, and file in the court, within ten days . . a schedule- of his property,…
2Cases cited1 opinion
- Columbia Bank v. . BirkettNew York Court of Appeals · 1903
3Cited by127 opinions
- Kreitlein v. FergerSupreme Court of the United States · 1915
- Bankr. L. Rep. P 71,005 in the Matter of Barbara Ann Baitcher, Debtor. John Samuel v. Barbara Ann BaitcherCourt of Appeals for the Eleventh Circuit · 1986
- In the Matter of Clayton Wray Stone, Jr. And Jeannine Stone, Debtors. Clayton Wray Stone, Jr. And Wife, Jeannine Stone v. Melvin CaplanCourt of Appeals for the Fifth Circuit · 1994
- Milando v. PerroneCourt of Appeals for the Second Circuit · 1946
- Smith v. HillMassachusetts Supreme Judicial Court · 1919
122 more not listed; retrieve them via the Exa API.