Swezey's Bus Line, Inc. v. Ernst

Appellate Division of the Supreme Court of New York

Swezey's Bus Line, Inc. v. Ernst

230 A.D. 714

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 15, 1930

StatusPublished

This text of 230 A.D. 714 (Swezey's Bus Line, Inc. v. Ernst) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Swezey's Bus Line, Inc. v. Ernst, 230 A.D. 714 (N.Y. Ct. App. 1930).

Pincite

Opinion

Order denying defendant, [715]*715appellant, Ernst’s motion to dismiss the complaint reversed upon the law and the facts, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. The intervention of bankruptcy disabled the seller from performing the contract and was the equivalent of a repudiation of that contract, subject to the right of the trustee in bankruptcy to rehabilitate the contract by recognition thereof or performance. The complaint contains no allegation of fact showing that the trustee in bankruptcy rehabilitated the contract. The sale of the assets by the trustee carried full title free from the bankrupt’s debts and obligations, including the obligations contained in the contract which the plaintiff invokes. Lazansky, P. J., Rich, Young, Hagarty and Carswell, JJ., concur.

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Order denying defendant, [715]*715appellant, Ernst’s motion to dismiss the complaint reversed upon the law and the facts, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. The intervention of bankruptcy disabled the seller from performing the contract and was the equivalent of a repudiation of that contract, subject to the right of the trustee in bankruptcy to rehabilitate the contract by recognition thereof or performance. The complaint contains no allegation of fact showing that the trustee in bankruptcy rehabilitated the contract. The sale of the assets by the trustee carried full title free from the bankrupt’s debts and obligations, including the obligations contained in the contract which the plaintiff invokes. Lazansky, P. J., Rich, Young, Hagarty and Carswell, JJ., concur.

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Bluebook (online)

230 A.D. 714, Counsel Stack Legal Research, https://law.counselstack.com/opinion/swezeys-bus-line-inc-v-ernst-nyappdiv-1930.