Kiernan v. Fox
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Eliza M. Kiernan, from an order of the Supreme Court, made at the New York Trial Term and entered in the office of the clerk of the county of New York oh the 7th day of June, 1898, setting aside the verdict of a jury in her favor, and granting the defendant’s motion for a new trial.
1Opinion of the Court
Barrett, J.:
The motion to set aside this verdict, made, upon the minutes, was granted upon the authority of Scheper v. Briggs (28 App. Div. 115). From this we infer that the learned trial justice thought that the defense of the decedent’s discharge in bankruptcy should have been sustained. In reviewing his decision, it may be assumed that the plaintiff proved the original loans to Mr. Fox, as averred in her complaint. These loans were made by her in the year 1872, and Mr. Fox was. discharged from all his debts by a decree in bankruptcy made in the year 1881. The question then is, did the…
2Cases cited6 opinions
- Allen & Co. v. FergusonSupreme Court of the United States · 1874
- Buffalo and N.Y. City R.R. Co. v. . DudleyNew York Court of Appeals · 1856
- Lawrence v. . HarringtonNew York Court of Appeals · 1890
- Elwell v. CumnerMassachusetts Supreme Judicial Court · 1883
- Moore v. VieleNew York Supreme Court · 1830
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Stern v. GerberAppellate Terms of the Supreme Court of New York · 1912