Guasti v. . Miller
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 28, 1911, which affirmed an order of Special Term denying a motion made on behalf of defendant, after his discharge in bankruptcy, to cancel a judgment theretofore obtained by the plaintiffs against him. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 28, 1911, which affirmed an order of Special Term denying a motion made on behalf of defendant, after his discharge in bankruptcy, to cancel a judgment theretofore obtained by the plaintiffs against him. The facts, so far as material, are stated in the opinion. Plaintiffs’ claim against the defendant was duly and .properly scheduled according to the provisions of the United States Bankruptcy Law, and the decree discharging the defendant released him from the plaintiffs’…
1Opinion of the CourtHaight, J.
The judgment sought to be canceled was docketed in the office of the clerk of the county of Hew York on April 16, 1895, and the discharge in bankruptcy was obtained May 9th, 1903. The defendant’s schedule, with his petition in bankruptcy, was filed September 26th, 1902, and set forth the plaintiffs’ judgment in the following words:
Nature and
Residence and
“ Name oí Creditor Occupation.
Consideration of Debt, etc.
G-uasti & Bernard Unknown, Goods sold and
California. delivered. * * * Judgment was rendered in the City Court of The City of New York,
April 16, 1895.”
The defendant applied to the Special…
2Cases cited5 opinions
- Birkett v. Columbia BankSupreme Court of the United States · 1904
- Peri v. New York Central & Hudson River RailroadNew York Court of Appeals · 1897
- Columbia Bank v. . BirkettNew York Court of Appeals · 1903
- Graber v. GaultAppellate Division of the Supreme Court of the State of New York · 1905
- Conlon v. . KellyNew York Court of Appeals · 1910
3Cited by8 opinions
- Miller v. GuastiSupreme Court of the United States · 1912
- Belsey v. DeverauxNew York Supreme Court · 1934
- First National Bank of Jackson v. StrongCourt of Appeals of Kentucky (pre-1976) · 1929
- Keilly v. SamuelsNew York Supreme Court · 1965
- In re AbeloveNew York Supreme Court · 1930
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