Westall v. . Jackson

It is admitted in the record that defendant filed a petition in bankruptcy after the execution of the note in controversy. and that he was duly discharged, and the plaintiff testified that he had actual knowledge of the proceedings in bankruptcy. Thus the questions presented are clearly defined: (1) May the plaintiff now maintain an action on the note? (2) Is the plaintiff's cause of action bottomed upon the promise to pay made after petition in bankruptcy and, if so, is it barred by the statute of limitations duly pleaded by the defendant ?

A provable claim is released by the order of…