Fox v. Paine
Supreme Court of Alabama
Writ of Error from the County Court of Mobile, Assumpsit by Fox against Paine, to recover the amount of a promissory note, made by W. S. Paine & Co., payable to Judson & Hoppin, on the 8th July, 1837, and by them indorsed to Fox.
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Writ of Error from the County Court of Mobile, Assumpsit by Fox against Paine, to recover the amount of a promissory note, made by W. S. Paine & Co., payable to Judson & Hoppin, on the 8th July, 1837, and by them indorsed to Fox. The defendant pleaded that he was a discharged bankrupt, previous to the institution of the suit; to this the plaintiff replied, the discharge was void and inoperative, having been obtained by fraud, and without rendering a full and complete schedule of debts, owed by the bankrupt, and of his property, &c. At the trial on this issue, the defendant gave in evidence…
1Opinion of the CourtGoldthwaite, J.
1. Although by the terms of the act of Congress, the applicant for discharge as a bankrupt, is required to set forth in his petition a list of his creditors, and their respective places of residence, as well as the sums due to each, yet this is permitted to be stated according to the best of the petitioner’s knowledge and belief. It seems evident these requirements are to be construed as directory only, not merely from the latitude given by the act itself, but by reason of the great difficulty there is to comply with certainty and precision in all cases. The contract here sued on furnishes an…
2Cited by4 opinions
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