Palmer v. . Hussey
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, made May 6,' 1881, which affirmed an order of Special Term, denying an application on the part of defendant for a perpetual stay of all proceedings upon the judgment herein, because of defendant’s discharge in bankruptcy. The facts are sufficiently set forth in the opinion.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, made May 6,' 1881, which affirmed an order of Special Term, denying an application on the part of defendant for a perpetual stay of all proceedings upon the judgment herein, because of defendant’s discharge in bankruptcy. The facts are sufficiently set forth in the opinion. The allegations in the complaint as to the fiduciary character of the defendant were not traversable, and hence, of course, they could not be res adjudicata. (Wood v. Henry, 40 N. Y. 124; Connaughty v. Nichols, 42 id. 86; Block v.…
1Opinion of the CourtFinch, J.
The appellant, having been discharged in bankruptcy, asked for an order perpetually enjoining the plaintiff from enforcing a judgment obtained by him against the defendant. The motion was successfully resisted upon the ground that the debt represented by the judgment was of a character which the Bankrupt Act did not reach, because contracted in a fiduciary capacity and fraudulently. The proof of the latter fact was rested by the General Term, upon the conclusive effect of the judgment itself, which was held to establish, beyond denial, the character of the debt as above described. This…
2Cases cited2 opinions
- Hennequin v. . ClewsNew York Court of Appeals · 1879
- Monroe v. . UptonNew York Court of Appeals · 1872
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- Lawrence v. . HarringtonNew York Court of Appeals · 1890
- Steele County v. ErskineCourt of Appeals for the Eighth Circuit · 1899
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