Hamilton v. First State Bank

Nuessle, Ch. J.

Tbis appeal is from an order sustaining a demurrer to tbe plaintiff’s complaint.

Tbe allegations of tbe complaint may be summarized as follows: Tbe plaintiff was adjudicated a voluntary bankrupt in January, 1926, and given bis final discharge on May 4th, 1926. Tbe defendant was a secured creditor, having chattel security.' Tbe debt was for goods sold and delivered to tbe plaintiff. Tbe defendant proved no claim, either for tbe original debt, for tbe deficiency after foreclosure, or for tbe judgment entered therefor. Subsequent to tbe filing of tbe petition, defendant, who bad…