Woodward v. Schaefer

Appellate Terms of the Supreme Court of New York

Decided December 7, 1904

Appellate Terms of the Supreme Court of New York · decided 1904-12-07

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.

Relies on Columbia Bank v. . Birkett

Affirmed · Decided 1904-12-07

PER CURIAM.

¶1Upon 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.

¶2Order affirmed, with costs and disbursements.