Manheim v. Loewe

Appellate Division of the Supreme Court of the State of New York

Decided December 20, 1918

Appellate Division of the Supreme Court of the State of New York · decided 1918-12-20

Appeal by the plaintiffs, Jacob Manheim and another, from a judgment of the Supreme Court in favor of the respondent, entered in the office of the clerk of the county of New York on the 21st day of June, 1917, upon the decision of the court after a trial before the court, a jury having been waived.

Decided 1918-12-20

Laughlin, J. (dissenting):

¶1I am of the opinion that the presumption that debts have been duly scheduled by the bankrupt should be limited to debts and obligations which had accrued at the time the schedules were prepared, and should not be extended to contingent liabilities on contract, the dischargeability of which depends upon whether they became fixed debts in time to be allowed in the bankruptcy proceeding. With respect to such contingent liability, I think the burden of proving that they were duly scheduled should rest on the bankrupt.

¶2I, therefore, dissent.

¶3Judgment affirmed, with costs.