Opinion
January 10, 1908.
David J. Gladstone, for the appellant.
No appearance for the respondent.
No notice of defendant's application for a discharge in bankruptcy was given to plaintiff; he never received any notice that the application had been made until served with motion papers in this proceeding. It appears that his name and address have appeared in the City Directory of the city of Brooklyn (where the judgment was docketed) for several years; that the name and address of the attorney of record who procured the judgment have also appeared in the same City Directory, and also in the Telephone Directory of the city of Brooklyn, and yet the place of residence of the judgment creditor was given as Hoboken, N.J., a place where he never resided.
The Bankruptcy Act (30 U.S. Stat. at Large, 548, § 7) provides that the bankrupt shall schedule his property, showing the amount and kind of property, the location thereof, and a list of his creditors, showing their residences, if known; if unknown, that fact to be stated. This the bankrupt did not do. Inquiry of the attorney of record would have revealed the residence of the creditor, or he might have ascertained the judgment creditor's place of residence by consulting the Brooklyn City Directory, where the judgment was docketed, but instead of doing this gave a fictitious address. Plaintiff's debt was not properly scheduled, and the order directing that the judgment be canceled and discharged of record must be reversed, with ten dollars costs and disbursements.
WOODWARD, JENKS, GAYNOR and MILLER, JJ., concurred.
Order reversed, with ten dollars costs and disbursements.