In re Hartsell & Son
District Court, N.D. Alabama
In Bankruptcy. On review of decision of referee. In the matter of the bankruptcy of J. C. Hartsell & Son as a firm and as individuals, D. E. Martin, who brought suit in the state court, previous to the adjudication in bankruptcy, against the bankrupts individually, to recover damages for the conversion of a promissory note, petitioned the referee to make an order that the exempt personal property of the bankrupts be held in the custody of the court, and that their discharge…
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In Bankruptcy. On review of decision of referee. In the matter of the bankruptcy of J. C. Hartsell & Son as a firm and as individuals, D. E. Martin, who brought suit in the state court, previous to the adjudication in bankruptcy, against the bankrupts individually, to recover damages for the conversion of a promissory note, petitioned the referee to make an order that the exempt personal property of the bankrupts be held in the custody of the court, and that their discharge be withheld until the determination of this suit. The referee declined to make either order, and denied the prayer of…
1Opinion of the Court
JONES, District Judge.
The reason of the rule in Lockwood’s Case, 190 U. S. 294, 23 Sup. Ct. 751, 47 L. Ed. 1061, requiring the court to withhold the discharge of a bankrupt, who would otherwise be entitled to it, pending a suit against him on a written obligation for the payment of money, which contains a waiver of exemptions of personal property, has no application whatever to this case. We have here no suit to enforce any contract as to which there is a waiver of exemptions of personal property. On the contrary, the suit is in tort for the conversion of a note which contained a waiver of…
2Cases cited3 opinions
- Lockwood v. Exchange BankSupreme Court of the United States · 1903
- In re MooreDistrict Court, M.D. Alabama · 1901
- In re GardenDistrict Court, N.D. Alabama · 1899
3Cited by3 opinions
- Schwanz v. Farmers Co-Operative Co.Supreme Court of Iowa · 1927
- In Re FirestoneDistrict Court, S.D. New York · 1932
- Brown Shoe Co. v. SchaeferSupreme Court of Alabama · 1942