Lewin & Co. v. Thurber & Co.
Supreme Court of Georgia
Bankrupt. Composition. Fraud. Evidence. Before Judge Hillyee. Fulton Superior Court. April Term, 1878. Tliurber & Company brought complaint against Lewin, doing business under the name of Lewin & Company, for balance, on account, of $816.90. The defendant pleaded the general issue and discharge by composition in bankruptcy. The only evidence of fraud in the purchase of the goods, the basis of the account sued on, was that of George W. Venable, the credit clerk of plaintiffs.
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Bankrupt. Composition. Fraud. Evidence. Before Judge Hillyee. Fulton Superior Court. April Term, 1878. Tliurber & Company brought complaint against Lewin, doing business under the name of Lewin & Company, for balance, on account, of $816.90. The defendant pleaded the general issue and discharge by composition in bankruptcy. The only evidence of fraud in the purchase of the goods, the basis of the account sued on, was that of George W. Venable, the credit clerk of plaintiffs. He testified, in substance, as follows: In the summer of 1875 witness made a sale of goods to defendant, amounting to…
1Opinion of the Court
Bleckley, Justice.
1. Only two of the grounds of the motion for a new trial were insisted upon in the argument — the third and the fourth. On the effect of composition upon a debt contracted by fraud, courts, as the citations by counsel in this case will show, have entertained conflicting views, and made conflicting decisions. We find our own minds agreeing with those rulings which treat composition and ordinary *29discharge as equally sparing this class of debts. As composition, no less than ordinary discharge, could take place, under the late bankruptcy system, without the assent and contrary…
2Cited by1 opinion
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