Legal Opinion

Humphreys v. Heller

New York Supreme Court

Decided December 9, 1935PublishedCited by 10 opinions

1Opinion of the CourtHofstadter, J.

The plaintiffs have obtained a judgment in an action brought to recover for personal injuries sustained from *569the bite of a dog owned and harbored by the defendant Heller. The defendant has obtained a discharge in bankruptcy and now seeks to stay further proceedings in the action. The question presented is whether the debt created by the judgment is excepted from discharge by the provisions of section 35 of title 11 of the United States Code, as a liability “ for willful and malicious injuries to the person * * * of another.”

The complaint alleges that the defendant “ wrongfully kept a dog,…

2Cases cited7 opinions

  1. Tinker v. ColwellSupreme Court of the United States · 1904
  2. McIntyre v. KavanaughSupreme Court of the United States · 1916
  3. Muller v. . McKessonNew York Court of Appeals · 1878
  4. Kavanaugh v. . McIntyreNew York Court of Appeals · 1914
  5. Bank of Williamsville v. Amherst Motor Sales, Inc.Appellate Division of the Supreme Court of the State of New York · 1932

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

3Cited by10 opinions

  1. Quezada v. QuezadaCourt of Appeals for the Fifth Circuit · 1983
  2. Peerson v. MitchellSupreme Court of Oklahoma · 1950
  3. Yackel v. NysAppellate Division of the Supreme Court of the State of New York · 1939
  4. Norm Gershman's Things to Wear, Inc. v. Peterson (In Re Peterson)United States Bankruptcy Court, D. Delaware · 2005
  5. Broussard v. Fields (In Re Fields)United States Bankruptcy Court, M.D. Louisiana · 1996

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

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