Legal Opinion

In re Cunningham

District Court, N.D. New York

Decided October 28, 1918PublishedCited by 10 opinions

In Bankruptcy. In the matter of the bankruptcy of John R. Cunningham. On order to show cause, granted by the referee, to stay Virgil I). Selleck from taking further proceedings on a judgment obtained against the bankrupt, except to prove same.

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In Bankruptcy. In the matter of the bankruptcy of John R. Cunningham. On order to show cause, granted by the referee, to stay Virgil I). Selleck from taking further proceedings on a judgment obtained against the bankrupt, except to prove same. This matter is before me on an order to show cause, granted by a referee in bankruptcy, for the purpose of staying the plaintiff in a judgment for damages for the negligence of said bankrupt, obtained by him against the bankrupt prior to' the filing of the petition in bankruptcy, from taking further proceedings on said judgment, except to prove same as…

1Opinion of the Court

RAY, District Judge.

John R. Cunningham was adjudicated a voluntary bankrupt on the 28th day of September, 1918.

June 17, 1918, Virgil D. Selleck obtained a judgment against the now- bankrupt John R. Cunningham for $97.50 damages and $79.40 costs on a cause of action against him for the act of negligence of one Robert Cunningham, son of the now bankrupt, who was driving his automobile truck and acting as chauffeur for the now bankrupt. The pertinent allegations of the complaint on which the judgment was obtained are as follows:

*664“That on the 19th day of November, 1917, at about 11 o’clock in the…

2Cases cited7 opinions

  1. Tinker v. ColwellSupreme Court of the United States · 1904
  2. McIntyre v. KavanaughSupreme Court of the United States · 1916
  3. Judd v. BallardSupreme Court of Vermont · 1894
  4. In re GroutSupreme Court of Vermont · 1914
  5. In re MadiganDistrict Court, S.D. New York · 1918

2 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Greene v. LaneCourt of Appeals for the Seventh Circuit · 1937
  2. Panagopulos v. Manning Et Ux.Utah Supreme Court · 1937
  3. In re ByrneCourt of Appeals for the Second Circuit · 1924
  4. Nuger v. State Insurance CommissionerCourt of Appeals of Maryland · 1965
  5. Ely v. O'DellWashington Supreme Court · 1928

5 more not listed; retrieve them via the Exa API.

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