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Schofield v. Mechanics Bank

168 A.D. 959 Court N.Y. App. Div. English

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p. 959
William H. Schofield, as Trustee in Bankruptcy of Dayve De Boris De Waltoff, Respondent, v. Mechanics Bank of Brooklyn and Another, Defendants. Dora A. De Waltoff, Appellant.

Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. The record proof is that a judgment was recovered and execution issued and returned unsatisfied on November 24, 1913. The adjudication in bankruptcy was made on January 1, 1914. Kiendl v. Dubroff ( 136 App. Div. 8 ) is decisive of this appeal. Jenks, P. J., Thomas, Stapleton, Rich and Putnam, JJ., concurred.