Knabe v. . Hayes
Supreme Court of North Carolina
Civil ActioN commenced in a Justice’s Court, and carried by appeal to'the Superior Court of Wake, where it was tried before Tourgee, J., at the January (Special) Term, 1874. It was agreed on the trial below that the defendant and one Geo. W. Blacknall, the surety on the note sued upon, were both adjudicated bankrupts, upon their own petitions, and received their discharges prior to the commencement of this action.
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Civil ActioN commenced in a Justice’s Court, and carried by appeal to'the Superior Court of Wake, where it was tried before Tourgee, J., at the January (Special) Term, 1874. It was agreed on the trial below that the defendant and one Geo. W. Blacknall, the surety on the note sued upon, were both adjudicated bankrupts, upon their own petitions, and received their discharges prior to the commencement of this action. It was admitted by the defendant that the note sued upon was, by inadvertance, not scheduled among his debts, and that in consequence, no notice was mailed to the plaintiffs, to…
1Opinion of the CourtSettle, J.
The counsel for the plaintiff asks the question : Does the discharge of a bankrupt, under the act of Congress, to establish a uniform system of bankruptcy throughout the United States, approved March 2, 1867, bar the claim of a creditor who had no knowledge of the filing of the petition in bankruptcy, and whose name was not inserted in the schedule of credicors, and to whom no notice Was mailed 1
Onr answer is, notwithstanding the very high authority of Mr. Bump, in his work on bankruptcy, page S7, et seq, to the contrary, that a discharge, after due publication of notice, is a good bar to the…
2Cases cited2 opinions
- Matter of WT Grant Co.United States Bankruptcy Court, S.D. New York · 1980
- Semmerling Fence & Supply, Inc. v. Ramos (In Re Ramos)United States Bankruptcy Court, W.D. Wisconsin · 1981
3Cited by5 opinions
- Blum, Ex'r. v. . EllisSupreme Court of North Carolina · 1875
- Laffoon v. Kerner.Supreme Court of North Carolina · 1905
- Smith v. KinneyNebraska Supreme Court · 1877
- State v. GastonSupreme Court of New Jersey · 1890
- Sumrow v. . BlackSupreme Court of North Carolina · 1882