IN RE ELLMAN

No. 34005.

48 F.Supp. 518 (1942)

In re ELLMAN.

District Court, W. D. New York.

June 29, 1942.


Attorney(s) appearing for the Case

Woodin & Woodin, of Dunkirk, N. Y., for bankrupt.

Sullivan & Sullivan, of Dunkirk, N. Y., for judgment-creditor, Lucas Kroll.


KNIGHT, District Judge.

This is a motion to enjoin the enforcement of a garnishee execution against the above-named bankrupt. Such execution was issued upon a judgment obtained by Kroll against Ellman in a suit in negligence. The question here is whether such judgment is in an action for "willful and malicious injuries to the person or property of another." See Section 17, subdiv. 2 of the Bankruptcy Act, 11 U.S.C.A. § 35(2). The pleadings and the record on the...

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