Walker Bros. v. Capital City Grocery Co.
Court of Appeals of Georgia
Certiorari; from Pulton superior court — Judge Pendleton. October 11, 1921. Capital City Grocery Company brought bail-trover in the municipal court of Atlanta against R. M. Everett, to recover six barrels of sugar.
Read the full summary
Certiorari; from Pulton superior court — Judge Pendleton. October 11, 1921. Capital City Grocery Company brought bail-trover in the municipal court of Atlanta against R. M. Everett, to recover six barrels of sugar. Everett gave bond, and, upon the trial of the case, the plaintiff elected to take a money verdict, and on January 14, 1921, a verdict and judgment were rendered against Everett and his surety for the sum of $402.23. He had been adjudicated a bankrupt, on December 18, 1920, and in his list of liabilities he scheduled the plaintiffs claim. The plaintiff, after obtaining judgment in…
1Opinion of the CourtBroyles, C. J.
(After stating the foregoing facts.)
The sole question for determination by this court is whether or not the money judgment obtained in the trover action was, under the facts of the case, dischargeable in bankruptcy. Section 17 of the bankruptcy act declares that the discharge in bankruptcy relieves the bankrupt from all of his provable debts except such as-: (1) are due as a tax levied by the United States, the State, county, district, or municipality in which he resides; (2) are liabilities for obtaining property by false pretenses or false representations, or for wilful and malicious…
Also in this document: Concurrence.
2Cases cited15 opinions
- Crawford v. BurkeSupreme Court of the United States · 1904
- In re AdlerCourt of Appeals for the Second Circuit · 1907
- Ulner v. DoranAppellate Division of the Supreme Court of the State of New York · 1915
- In re BaschDistrict Court, S.D. New York · 1899
- Maxwell v. MartinAppellate Division of the Supreme Court of the State of New York · 1909
10 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Crystal Laundry & Cleaners, Inc. v. Continental Finance & Loan Co.Court of Appeals of Georgia · 1958
- Swift & Co. v. Bullard & SonDistrict Court, N.D. Georgia · 1925
- Hammond v. KingCourt of Appeals of Georgia · 1936
- White v. Morris Fertilizer Co.Court of Appeals of Georgia · 1924
- Barnes v. MoseleyCourt of Appeals of Georgia · 1930
5 more not listed; retrieve them via the Exa API.