Thomas E. Nix & Son v. Choate

The suit is on two promissory notes by the payee against the maker.

The cause was tried on plea of discharge in bankruptcy, replication thereto setting up a new promise, and plea of res adjudicata. The. court, sitting as a jury, rendered judgment for the defendant.

An action may be maintained upon the original notes or other cause of action, or upon the new promise after bankruptcy. If brought on the original cause of action, a plea of discharge in bankruptcy need not set up that the debt was scheduled. Exceptions from the effects of a discharge, if not shown on the face of the complaint, must…