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112 A.D. 384

Schellenberg v. Mullaney

Appellate Division of the Supreme Court of the State of New York · decided 1906-04-20

Appeal by the defendant, Michael Mullaney.} from adjudgment of the Municipal Court of the city of Hew York in favor of the plaintiffs, rendered after a trial before the court without a jury. The complaint is for goods-sold and delivered to the defendant and allegés that the goods- were clothing, which were used by the defendant’s children, and that they were necessaries for the said children, and this was all admitted at the trial.

Cited by 1 later decisions — most recently May 1938

Good law ✅— No negative treatment on recordhow we know

Decided 1906-04-20

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Gaynor, J.:

¶1The defendant’s subsequent discharge in bankruptcy was held by the justice not to discharge him .from this debt. This was error. *385Seefion 17 of the Rational Bankruptcy Act as amended in 1903 excepts among others “ liabilities for alimony due or to become due, or for maintenance or support of wife or child,” from discharge. (30 U. S. Stat. at Large, 550, as amd. by 32 id. 798, § 5.) This last clause refers only to the involuntary liability under the common law for support of wife and children, and to any one who relieves their want; and under bonds, or the like, given for such support by requirement of courts and magistrates. It does not refer to liabilities for goods purchased by a husband or parent, as in this case, and used by wife or child. This latter fact does not change the character of the debt. The purchaser was free to do what he liked with the goods. They were a matter of free bargain and sale (Collier Bankruptcy [4th ed.], 199).

¶2The judgment should be reversed.

¶3Hirschberg, P. J., Hooker, Rich and Miller, JJ., concurred.

¶4Judgment of the Municipal Court reversed and new trial ordered, costs to abide the event.

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