Bencsko v. Cannara
Bencsko v. Cannara
Opinion of the Court
The problem for solution in this case is whether the defendant, Caesar A. Cannara, was discharged from liability of a debt, in a bankruptcy proceeding by the United States District Court, District of New Jersey, on September 8th, 1925. The situation grew out of the following facts, as set forth in the defendant’s petition addressed to this court, viz.: A suit was commenced on November 23d, 1923, to recover damages for personal injuries caused by the negligence of the defendant, in operating an automobile. On January 27th, 1925, a verdict was entered against the defendant and in favor of the plaintiff, in the Essex Circuit Court for $10,000. A judgment was entered on the verdict on February 9th, 1925, for $10,000. On January 30th, 1925, the defendant and petitioner was adjudged a bankrupt by the United States District Court. On January 30th, 1925, the
After hearing the argument of the respective counsel and reading and considering the helpful and exhaustive briefs, we are led to the conclusion that the petitioner, the defendant was not discharged from the debt in question, on the ground that it was not made provable under the statute. The result is, the rule to show cause heretofore allowed by the Chief Justice on April 15th, 1930, is discharged, with costs.' An order may be entered to that effect.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.