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Schofield v. Wolper

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

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p. 1143
SCHOFIELD v. WOLPER 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 Rebecca Wolper and others, 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, 152 N. Y. Supp. 1142 ; 153 N. Y. Supp. 1143.