New York Court of Appeals
Columbia Bank, Respondent v. Clarence T. Birkett, Appellant
March 6, 1903174 N.Y. 112
Summary
The Court of Appeals affirmed the judgment for the plaintiff, holding that the bankruptcy discharge did not bar the plaintiff's action on the promissory note because the creditor was not duly scheduled and had no notice or actual knowledge of the proceedings. The dissent argued that the creditor did have such notice and that the discharge should bar the claim.