Weingarten v. Bouthellet , 11 N.Y.S.2d 227 ( 1939 )

Action upon a past due promissory note. The defense interposed was that the claim had been duly listed in bankruptcy proceedings and that the defendants were duly discharged from the debt in suit. Order granting plaintiff’s motion for summary judgment under rule 113, Rules of Civil Practice, and judgment entered thereon, unanimously affirmed, with ten dollars costs and disbursements. No opinion. Present — Lazansky, P. J., Hagarty, Carswell, Adel and Close, JJ.