Legal Opinion

Tinker v. Colwell

Supreme Court of the United States

Decided March 21, 1904No. 160PublishedCited by 543 opinions

EEEOE TO THE SUPEEME COUET OF THE STATE OF NEW YOEK. The plaintiff in error applied to the Supreme Court of the State of New York for an order discharging of record a certain judgment of that court obtained against him by the defendant in error: The application was denied, 6 Am. Bankruptcy Rep. 434, and the order denying it was affirmed by the appellate division of the Supreme Court, 65 App. Div.

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EEEOE TO THE SUPEEME COUET OF THE STATE OF NEW YOEK. The plaintiff in error applied to the Supreme Court of the State of New York for an order discharging of record a certain judgment of that court obtained against him by the defendant in error: The application was denied, 6 Am. Bankruptcy Rep. 434, and the order denying it was affirmed by the appellate division of the Supreme Court, 65 App. Div. (N. Y.) 20, and subsequently by the Court of Appeals, 169 N. Y. 531, and the latter court thereupon remitted the record to the Supreme Court, where it remained at the time plaintiff in error sued out…

1Opinion of the Court

Mr. Justice Peckham,

after making the above statement of facts/ delivered the opinion of the court.

The question herein arising is, whether the judgment obtained against the defendant, petitioner, for damages arising from the criminal conversation of the defendant with the plaintiff’s wife, is released by the- defendant’s discharge in bankruptcy, or whether it is excepted from such release by reason of subdivision 2, section 17, of the bankruptcy act of July 1, 1898, which provides that “a discharge in bankruptcy shall release a bankrupt from all his provable debts, except such- as . . . (2)…

2Cases cited6 opinions

  1. Hennequin v. ClewsSupreme Court of the United States · 1884
  2. Cregin v. . Brooklyn Crosstown Railroad Co.New York Court of Appeals · 1878
  3. Forsyth v. VehmeyerSupreme Court of the United States · 1900
  4. Cregin v. . Brooklyn Crosstown R.R. Co.New York Court of Appeals · 1881
  5. Leicester v. HoadleySupreme Court of Kansas · 1903

1 more not listed; retrieve them via the Exa API.

3Cited by543 opinions

  1. Kawaauhau v. GeigerSupreme Court of the United States · 1998
  2. In Re Jesse H. Long, Debtor. Barclays American/business Credit, Inc. v. Jesse H. LongCourt of Appeals for the Eighth Circuit · 1985
  3. Miller v. J.D. Abrams Inc. (In Re Miller)Court of Appeals for the Fifth Circuit · 1998
  4. In Re Nancy Shao Su in Re Louis C. Su, A/K/A Chienlu Su, Debtors. Dora Carrillo v. Louis C. SuCourt of Appeals for the Ninth Circuit · 2002
  5. McIntyre v. KavanaughSupreme Court of the United States · 1916

538 more not listed; retrieve them via the Exa API.

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