Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York Volume 198

Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York Volume 198

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1922 edition. Excerpt: exhibit oflered on trial as not being prop_er proof of discharge in bankruptcy bars consideration on appeal. In an action for the conversion of certain stock of the plaintifl' carried by the appellant's firm on margin, it appeared that the stock was purchased on March 26, 1907; that on May 24, 1907, the appellant's firm failed and made a general assignment for the benefit of creditors and on the same day a creditor's petition in bankruptcy was filed against the appellant, after which time neither the appellant nor any person connected with the firm had anything to do with the firm's assets nor had they any stock belonging to it in their possession; that the appellant never saw plaintifi"s stock or disposed of it or received the proceeds thereof; and that whatever became of the stock it happened after the assignee for the benefit of creditors had taken possession of the assets of the appellant's firm. Held, that there is no evidence of any conversion of the stock in question by the appellant and the claim which the plaintiff had against the appellant arising from the sale of stock carried by his firm was not excepted from the operation of appellant's discharge in bankruptcy; App. Div. 546 First Department, November, 1921. That plaintiff's claim is one founded upon contract. and that the appellant's right to a dismissal of the complaint became complete upon proof of his discharge in bankruptcy, since the introduction of such proof made a prima facie defense. The failure of the plaintiff to object on the trial that the exhibit proffered as evidence of appellant's discharge in bankruptcy was not in form and effect the order granting the discharge or that it was not proper proof of such order more

Product details

  • Paperback
  • 189 x 246 x 23mm | 798g
  • United States
  • English
  • black & white illustrations
  • 1236898699
  • 9781236898692