Hyperlawhypertext legal database Schofield v. Mechanics' Bank 153 N.Y.S. 1143

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Schofield v. Mechanics' Bank

153 N.Y.S. 1143 Court N.Y. App. Div. Decision date 1915-05-25 English

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p. 1143
SCHOFIELD v. MECHANICS’ BANK OF BROOKLYN et al.
(Supreme Court, Appellate Division, Second Department.
May 25, 1915.)

Headnote

Action by William H. Schofield, as trustee in -bankruptcy of Dayve De Boris De Waltoff, against the Mechanics’ Bank of Brooklyn and another, in which Dora A. De Waltoff appeals.

Order reversed, with $10 costs and disbursements, and motion denied, with $10 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 , 120 N. Y. Supp. 121 , is decisive of this appeal. See, also, 153 N. Y. Supp. 1143.