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William H. Schofield, as Trustee in Bankruptey of Day v. De Boris De Waltoff, Respondent,

Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. The record proof is that a judgment was recovered and execution issued and returned unsatisfied on November 24, 1913. The adjudication in bankruptcy was made on January 1, 1914. Kiendl v. Dubroff ( 136 App. Div. 8) is decisive of this appeal. Jenks, P.J., Thomas, Stapleton, Rich and Putnam, JJ., concurred.

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SCHOFIELD v. MECHANICS BANK OF BROOKLYN
(May 1, 1915)