Hobaica v. Byrne

Defendant is a physician and surgeon residing in Utica. On May 13, 1922, plaintiff entered judgment against him in the county clerk’s office of Oneida county in a malpractice action. The judgment was affirmed by the Appellate Division January 12, 1923. On the nineteenth of March following the defendant filed a voluntary petition in bankruptcy, and was.duly adjudicated a bankrupt. He listed in his schedules the judgment as one of his liabilities. Plaintiff never proved his claim in the bankruptcy proceeding. The question of defendant’s right to be discharged from the obligation of this…