The opinion of the court was delivered by: CAMPBELL
CAMPBELL, District Judge.
This is a motion for an order staying Georgina Terry as executrix, etc., from taking any further proceedings, except in bankruptcy, to collect a judgment obtained against the bankrupt.
The bankrupt and Sophie M. B. Runge (also known as Lottie M. Runge) were husband and wife.
Differences arose between them and they entered into a separation agreement, wherein and whereby the bankrupt agreed to pay to his said wife the sum of $1,070 in monthly installments of $40 each payable on the 1st day of each and every month until the full amount shall have been paid, and the said Sophie M. B. Runge (also known as Lottie M. Runge) was by said agreement given the right to declare the entire amount of the unpaid installments due and payable and to institute suit thereon in the event of a default in the payment of any installment.
The bankrupt paid $140 on account thereof and then failed to make further payments.
On or about the 8th day of March, 1934, the said Sophie M. B. Runge commenced an action in the Municipal Court of the City of New York, Borough of Manhattan, Fourth District, against the bankrupt, the complaint in which action demanded judgment for the sum of $930, and was predicated upon the aforesaid separation agreement.
Judgment was rendered against the bankrupt for the sum of $962.90, and an execution against his salary as an employee of the city of New York was filed.
On March 12, 1935, the said Sophie M. B. Runge died, leaving a last will and testament which has been admitted to probate, and the said Georgina Terry is now acting as executrix of the last will and testament of said Sophie M. B. Runge, deceased.
The bankrupt contends that, had he continued to make the payments of $40 per month as provided in the aforesaid agreement, there would have been paid to said Sophie M. B. Runge at the time of her death the sum of $720. That he did pay to his said wife, Sophie M. B. Runge, the sum of $140 before the commencement of the said action, and that the sum of $308.10 has been deducted from his salary by the city of New York on the aforesaid garnishee execution, and that as of April 15, 1936, there was owing upon said judgment the sum of $499.97.
The bankrupt contends as follows:
1. That by reason of the conversion of the claim into a judgment, and the death of his wife, Sophie M. B. Runge, the character of the claim became a personal judgment which is provable and dischargeable in bankruptcy.
2. That if not dischargeable in its entirety it is not dischargeable only to the amount unpaid at the time of the death of his said wife, Sophie M. B. Runge, which was $580.
The judgment, sought to be stayed, represents the husband's duty to maintain and support his wife, and a discharge in bankruptcy will not ...