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.