Broadway Trust Co. v. Manheim
New York Supreme Court
Action upon a promissory note against defendant as maker, to which his discharge in bankruptcy was pleaded in. bar. The opinion states the case.
1Opinion of the CourtBurr, J.
I think that the answer .is sufficient to admit evidence of the defendant’s proceedings in the Bankruptcy Court. It is true that a discharge in bankruptcy to be available must be pleaded as a defense (Revere Copper Co. v. Dimock, 90 N. Y. 33; aff’d, 117 U. S. 559), and either the facts showing jurisdiction in the Bankruptcy Court of the parties and the subject-matter must also be pleaded, or there must be some allegation equivalent thereto. Under the Code an allegation that a judgment was “ duly rendered” is sufficient to admit proof of these facts, if the allegation is contro Averted. Code…
2Cases cited7 opinions
- Birkett v. Columbia BankSupreme Court of the United States · 1904
- Dimock v. Revere Copper Co.Supreme Court of the United States · 1886
- Revere Copper Co. of Boston v. . DimockNew York Court of Appeals · 1882
- Tyrrel v. HammersteinNew York Supreme Court · 1900
- Stevens v. KingAppellate Division of the Supreme Court of the State of New York · 1897
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3Cited by9 opinions
- In Re KornbluthCourt of Appeals for the Second Circuit · 1933
- Chevron Oil Co. v. DobieNew York Court of Appeals · 1976
- Bank of Wrightsville v. Four SeasonsCourt of Appeals of Georgia · 1917
- Horowitz v. WollowitzAppellate Terms of the Supreme Court of New York · 1908
- In re HarveyDistrict Court, E.D. Pennsylvania · 1906
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