Neish v. Doyle

About February 15, 1929, the defendant was discharged in bankruptcy. The plaintiff held defendant’s notes given before the bankruptcy proceeding. In November, 1930, the plaintiff sued the defendant on said notes. The defendant did not appear or answer. His attorneys did write the plaintiff’s attorney calling attention to the bankruptcy proceedings and discharge. In February, 1931, the plaintiff entered judgment by default.

On the hearing of this motion the parties argued the necessity of pleading the defendant’s discharge as an affirmative defense. No attention was given to section 150 of the…