Legal Opinion
Stern v. Meyer
New York Court of Common Pleas
Decided June 4, 1894Published
Appeal from special term. Action by Simon S. Stern and another against Abraham Meyer and another. From an order denying defendants’ motion to be discharged from the judgment entered against them, on the ground that the judgment and claim were discharged by defendants’ discharge in bankruptcy, and ordering a reference on the question whether the debt or claim in suit was created by the fraud of the defendants, or either of them, defendants appeal.
1Opinion of the CourtBookstaver, J.
The motion was made under section 1268 of the Code of Civil Procedure, which provides that:
“At any time after two years have elapsed since a bankrupt was discharged from his debts pursuant to the acts of congress relating to bankruptcy, he may apply upon proof of his discharge to the court in which the judgment was rendered against him for an order directing the judgment to be cancelled and discharged of record. If it appears that he has been discharged from the payment of that judgment, an order must be made accordingly, and thereupon the clerk must cancel and discharge the docket thereof as…
2Cases cited4 opinions
- Palmer v. PrestonSupreme Court of Vermont · 1872
- Shuman v. . StraussNew York Court of Appeals · 1873
- Arnold v. OliverNew York Supreme Court · 1883
- Fellows v. KittredgeNew York Marine Court · 1879