Sears, Roebuck & Co. v. Thomas

The late Judge Watts concurred in the results of this decision and the reasoning set forth herein, although he did not sign the opinion prior to his death.

Plaintiff filed a suit against the defendant with counts in assumpsit and trespass, alleging in the latter count that the defendant fraudulently incurred credit in excess of limitations imposed by plaintiff at the time the defendant was originally authorized to make credit purchases. After suit was commenced, but before trial, the defendant was adjudicated a bankrupt in the United States district court. At trial, on July 8, 1965, in view of…