Stern v. Nussbaum
New York Court of Common Pleas
Appeal from a judgment. The facts are stated in the opinion.
1Opinion of the CourtLarremore, J.
The plaintiffs sued to recover a balance of account, $240 13, for goods sold during 1865 and 1868. The defendant filed his petition for a discharge in bankruptcy April 15th, 1868, in pursuance of the act of Congress passed March 2d, 1867, and his application was finally granted September J6th. 1868.
The plaintiffs do not appear as creditors in said proceedings, and had no notice thereof. The discharge in.bankruptcy was a good defense to all liabilities incurred by defendant prior to April 15th, 1868. Such a discharge cannot be impeached in a collateral proceeding, but a creditor whose rights…
2Cases cited1 opinion
- The Ocean National Bank v. . OlcottNew York Court of Appeals · 1871
3Cited by2 opinions
- State v. GastonSupreme Court of New Jersey · 1890
- Stern v. GerberAppellate Terms of the Supreme Court of New York · 1912