98 N.Y.S. 1057 | N.Y. App. Div. | 1906
The defense urged against this note is that it lacks consideration in that the original indebtedness represented..by the draft of Wilson,
It is further urged by the defendant that even if the plaintiffs agreed to grant forbearance on their original claim against the, firm of Wilson,, Sheffer &, Coonley, such agreement.- was useless and of no value because said firm was in bankruptcy and that plaintiffs’ right to proceed on such claim was stayed under section 11 of' the Bankruptcy Law (30 U. S. Stat. at Large, 549), which, provides that an action on such a claim may be stayed for twelve months after, the date of the adjudication in bankruptcy, or if within that time the bankrupt applies for a discharge, then until the question of such discharge is determined. Yo facts, appear in, this record
The judgment should be affirmed, with.costs.
Chester, J., concurred ; Smith, J., concurred in result; Parker, . P. J., not voting Kellogg, J., not sitting.- s
J udgment affirmed, with costs.