186 Misc. 182 | N.Y. Sup. Ct. | 1945
Plaintiff sues for money loaned in 1925, repayable February 20, 1926. Defendant pleads a discharge in bankruptcy obtained November 7, 1934, upon a petition filed by him May 4, 1934. Plaintiff’s claim was not scheduled in the bankruptcy proceedings, but plaintiff concededly had notice and actual knowledge of the proceeding. Plaintiff’s claim consequently is barred by the discharge if it were a provable debt. (Kaufman v. Schreier, 108 App. Div. 298; Morrison v. Vaughan, 119 App. Div. 184; Bankruptcy Act, § 17; U. S Code, tit. 11, § 35.) Plaintiff contends that his claim was barred by the
The claim here sued upon plainly was a provable debt under section 63 of the Bankruptcy Act (U. S. Code, tit. 11, 5 103) and nothing has been shown to take it out of the operation of the discharge.
Plaintiff alleges subsequent payments on account but a debt discharged in bankruptcy is revived and thereafter becomes actionable only by a statement in writing by the debtor of his present intention personally to obligate himself to pay the debt.
Defendant’s motion for summary judgment dismissing the complaint is accordingly granted. The clerk will enter judgment acctirdingly.