RATHBONE v. MION


15 A.D.2d 592 (1961)

W. Westcott Rathbone, Appellant, v. Lino Mion et al., Individually and as Copartners Doing Business as Triple Cities Tile and Marble Co., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 7, 1961


On December 11, 1953 plaintiff entered a judgment against defendants individually and as copartners, based on a jury verdict returned November 30. On December 1, 1953 defendants filed a voluntary petition in bankruptcy and were discharged December 12, 1956. Plaintiff filed a claim in the bankruptcy proceedings on the cause of action on which the verdict was returned and received a dividend. At the close of the trial before the jury, the attorneys for plaintiff applied to...

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