Merchants Bank v. Miller
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The Merchants Bank of Brooklyn, from an order of the Supreme Court, made at the Kings .County Special Term and entered in the office of the clerk of the county of Kings on the 3d day of November, 1916. In 1900 the Merchants Bank of Brooklyn obtained a judgment of the Supreme Court against this defendant. Later, the Merchants Bank of Brooklyn was merged in the Union Bank.
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Appeal by the plaintiff, The Merchants Bank of Brooklyn, from an order of the Supreme Court, made at the Kings .County Special Term and entered in the office of the clerk of the county of Kings on the 3d day of November, 1916. In 1900 the Merchants Bank of Brooklyn obtained a judgment of the Supreme Court against this defendant. Later, the Merchants Bank of Brooklyn was merged in the Union Bank. When the latter bank was in liqnidation by the State Superintendent of Banks, the attorney for that officer instituted, in 1916, supplementary proceedings against this defendant. Thereupon he was…
1Opinion of the Court
Jerks, P. J.:
“ Obviously, what is and what is not c due scheduling, ’ must depend largely upon the facts of each case.” (Remington Bankruptcy [2d ed.], § 2762.) We think that the scheduling of this creditor as the “ Merchants Bank of Brooklyn,” without further statement as to its address, was sufficient. Collier on Bankruptcy (9th ed. p. 234) says the purpose of the schedule is threefold: “ (a) to give the court information as to the persons entitled to notice, (b) to inform the trustee as to the claims against the estate and the considerations on which they rest, and (c) to an extent at…
2Cases cited2 opinions
- Graber v. GaultAppellate Division of the Supreme Court of the State of New York · 1905
- In re the Final Judicial Settlement of the Account of PetersonAppellate Division of the Supreme Court of the State of New York · 1910
3Cited by3 opinions
- Manheim v. LoeweAppellate Division of the Supreme Court of the State of New York · 1918
- In re the Judicial Settlement of the Estate of ClodgoNew York Surrogate's Court · 1928
- Amster v. MayerAppellate Division of the Supreme Court of the State of New York · 1933