Ismay v. Tyler

In April, 1955, plaintiff, a collection agency, procured a judgment of $444.59 against defendant upon a claim assigned to it for collection by Kyle and Company. Certain executions were issued upon this judgment and were returned unsatisfied.

In November, 1957, defendant was adjudicated a bankrupt. Defendant failed to list plaintiff as a creditor in his bankruptcy schedule and no notice was mailed plaintiff of the bankruptcy proceedings. However, defendant did list Kyle and Company as a creditor in the bankruptcy schedule and a creditor’s notice was mailed to Kyle and Company.

On October 3,…