Kreitlein v. Ferger
Supreme Court of the United States
ERROR TO THE APPELLATE COURT OF THE STATE OF INDIANA. The facts, which involve the effect of a discharge in bankruptcy, the obligation of the bankrupt to schedule the debts of the creditor, and sufficiency of notice to the creditor, are stated in the opinion.
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ERROR TO THE APPELLATE COURT OF THE STATE OF INDIANA. The facts, which involve the effect of a discharge in bankruptcy, the obligation of the bankrupt to schedule the debts of the creditor, and sufficiency of notice to the creditor, are stated in the opinion. The Appellate Court denied plaintiff in error rights under' the Federal bankruptcy law, and should have ordered a new trial on the ground that the evidence introduced by the defendant made a perfect defense to the action and that the evidence was not sufficient:to support the findinlg and that the finding was contrary to law, because,…
1Opinion of the CourtJustice Lamae
In 1897 Ferger brought suit against Kreitlein in an Indiana court. The pleadings in that case are not set out in the record and the nature of the suit does not appear except as it may be inferred from the special findings *25of the jury, copied in this record, which show that 'when Kreitlein purchased the flour in November, 1895, he was insolvent. He made no false representations as to his financial condition . . . the plaintiff understood that the sale was for cash.’ These answers, and the fact that the judgment was for ''$300 damages” indicate that that suit was in the nature of an action of…
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