# Kennedy v. National Jewelers' Board of Trade

> Appellate Division of the Supreme Court of the State of New York · December 28, 1916 · 175 A.D. 735

URL: https://www.frixlaw.com/law-library/cases/5243655

## Case

- **Full name:** Michael J. Kennedy v. National Jewelers' Board of Trade, Impleaded with Alfred J. Paul and Another, Composing the Firm of A. Paul & Company, and Others
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** December 28, 1916
- **Citations:** 175 A.D. 735; 162 N.Y.S. 635; 1916 N.Y. App. Div. LEXIS 10436
- **Precedential status:** Published
- **Opinion:** Concurrence by Kellogg
- **Judges:** Cochrane, Kellogg
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5243655

## Opinion text

Kellogg, P. J. (concurring):
Miller in instituting the bankruptcy proceeding was acting for his client, A. Paul & Oo., and was not representing the defendant. The defendant is not responsible for his acts. Its action in obtaining the signature of two creditors to the petition of Miller and A. Paul & Oo. was in good faith and upon *742 probable cause. The plaintiff’s brother by trying to coerce A. Paul & Co. to recognize an unjust claim, and not the action of the defendant, has caused any injury the plaintiff has sustained. In my .judgment the verdict is against the evidence. I favor reversal upon the law and the facts.
Judgment and order reversed and new trial granted, with costs to appellant to abide event.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5243655. Public record. Not legal advice.