Excel Finance Mid City, Inc. v. Chetta

McBRIDE, Judge.

This is an appeal by defendant from a judgment in plaintiff’s favor for $300, etc., due on defendant’s certain promissory note dated January 24, 1962.

The defense to plaintiff’s suit is that defendant was adjudicated a voluntary bankrupt and subsequently received his discharge as such, and that whereas plaintiff’s claim was listed on the bankruptcy schedules, defendant is fully released from any indebtedness on the note and the discharge stands as a bar to plaintiff’s recovery. Plaintiff is a moneylender. The promissory note sued upon was executed by defendant in representation…