Legal Opinion

Howe v. Noyes

Appellate Terms of the Supreme Court of New York

Decided October 15, 1905PublishedCited by 1 opinion

Appeal from an order of the Oity Court of the city of Hew York, denying defendant’s motion for a new trial.

1Opinion of the CourtScott, J.

The defendant appeals from an order denying his motion for a new trial, made upon the justice’s minutes at the close of the trial. The circumstances are peculiar. The action is for money loaned. The answer set up that, before the commencement of the action, the defendant had been discharged in bankruptcy; that the plaintiff’s claim had been included in the bankrupt’s schedule of debts, and that plaintiff Lad voluntarily appeared in the bankruptcy proceeding, had proved her debt and had been paid arid ac*357eepted a dividend. The plaintiff replied that she had been, induced to make the loan by…

2Cases cited6 opinions

  1. Crawford v. BurkeSupreme Court of the United States · 1904
  2. Frey v. . TorreyNew York Court of Appeals · 1903
  3. Voisin v. Commercial Mutual InsuranceNew York Court of Appeals · 1890
  4. Goetz v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1900
  5. Voisin v. Commercial Mutual InsuranceNew York Supreme Court · 1890

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3Cited by1 opinion

  1. Fisk v. WarnerNew York Supreme Court · 1943

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