Majority
p. 104WOODWARD v. SCHAEFER. (Supreme Court, Appellate Term. December 7, 1904.) Argued before FREEDMAN, P. J., and BISCHOFF and GILDERSLEEVE, JJ.
Headnote
1. Bankruptcy—Judgment against Bankrupt—Cancellation.Where, on a motion by one discharged in bankruptcy, to cancel a judgment against her after her discharge, it appeared from the affidavit of the creditor that his claim had not been included in the schedule in the bankruptcy proceedings, and the schedule was not produced, a denial of the motion was proper.
Appeal from City Court of New York, Special Term.
Action by Charles H. Woodward, against Anna Schaefer. Appeal by defendant from an order of the City Court in favor of plaintiff denying'defendant’s motion to cancel a judgment against her after her discharge in bankruptcy.
Affirmed.
A. J. Westermayr, for appellant.
Ford & Tuttle, for respondent.
Upon the affidavit of the opposing creditor and the nonproduction of the debtor’s schedules in the bankruptcy proceedings the denial of the motion for the discharge of the judgtment may well be sustained under the decisions of Columbia Bank v. Birkett, 174 N. Y. 112 , 66 N. E. 652 ; Tyrrel v. Hammerstein, 33 Misc. Rep. 506 , 67 N. Y. Supp. 717 ; Sutherland v. Lasher, 41 Misc. Rep. 249 , 84 N. Y. Supp. 56 , affirmed 87 App. Div. 633 , 84 N. Y. Supp. 1148 ; Bernheim v. Bloch (decided by the present term of this court) 91 N. Y. Supp. 40 .
Order affirmed, with costs and disbursements.
Cases cited
- Columbia Bank v. Birkett 174 N. Y. 112 p. 104
- Sutherland v. Lasher 41 Misc. Rep. 249 p. 104