Latimer v. McKinnon
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Frank H. McKinnon and another from an order of the Supreme Court, made at the Broome Special Term and entered in the office of the clerk of the county of Chenango on the 30th day of November, 1901, denying the defendants’ motion for leave to serve a supplemental answer alleging their discharge in' bankruptcy obtained since the action was commenced. In 1894 the defendants suffered default and a judgment in favor of plaintiff was directed.
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Appeal by the defendants, Frank H. McKinnon and another from an order of the Supreme Court, made at the Broome Special Term and entered in the office of the clerk of the county of Chenango on the 30th day of November, 1901, denying the defendants’ motion for leave to serve a supplemental answer alleging their discharge in' bankruptcy obtained since the action was commenced. In 1894 the defendants suffered default and a judgment in favor of plaintiff was directed. On an application to open the default, and in consideration of the consent of plaintiff’s attorney thereto. James R. Baumes,…
1Opinion of the Court
Kellogg, J.;
Except for the written agreement made by James R. Baumes to pay any final judgment rendered against the defendants in this action, or so much of such judgment as remains unpaid after execution shall be returned, I think leave to serve a supplemental answer making the discharge in bankruptcy a defense should be granted. The claim belongs to that class which the Bankruptcy Law declares provable, and, hence, is barred by a discharge. The claim is upon a promissory note. The defendants have. by answer set up matter in defense, and the bankruptcy court on that account has treated it as…
2Cases cited2 opinions
- Holyoke v. . AdamsNew York Court of Appeals · 1874
- McDonald v. . DavisNew York Court of Appeals · 1887
3Cited by4 opinions
- Wyckoff v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1910
- Latimer v. McKinnonAppellate Division of the Supreme Court of the State of New York · 1903
- Firestone Tire & Rubber Co. v. AgnewAppellate Division of the Supreme Court of the State of New York · 1908
- Latimer v. McKinnonAppellate Division of the Supreme Court of the State of New York · 1903