In re Boom

Appellate Terms of the Supreme Court of New York

Decided July 1, 1905

Appellate Terms of the Supreme Court of New York · decided 1905-07-01

<p>Appeal from an order of the City Court of the city of New York denying the motion of the appellant-bankrupt to cancel a judgment of the said City Court of the city of New York, entered against him by Mary E. Mackintosh, on June 7,1904.</p>

Decided 1905-07-01

Per Curiam.

¶1This application is made under section 1268 of the Code of Civil Procedure. An examination of the record shows that the appellant-bankrupt failed, in several respects, to comply with the Bankruptcy Law relating to the scheduling of claims. It does appear that by reasonable effort, on the part of the bankrupt, he could have ascertained sufficient information to enable him to comply with the law. The decree of the Bankruptcy Court did not operate to discharge the debt for the reason that it was not duly scheduled.

¶2The order appealed from must be affirmed, with costs and disbursements.

¶3Present: Scott, Gildersleeve and MacLean, JJ.

¶4Order affirmed, with costs and disbursements.