BENEFICIAL FIN. CO. OF N. Y., INC. v. WALL


25 A.D.2d 897 (1966)

Beneficial Finance Co. of N. Y., Inc., Appellant, v. Richard D. Wall, Respondent

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

May 3, 1966


REYNOLDS, J.

There appears little dispute as to the propriety of the County Court's action in denying appellant's motion to strike respondent's affirmative defense of discharge in bankruptcy. However, while the general discharge respondent received presents a valid bar to recovery in most actions brought by creditors for debts which are listed by the respondent in his schedules, it would not prevent recovery if the creditor could prove that the debt was...

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