Otto Gerdau Co. v. Radway

Whether a discharge in bankruptcy is a defense to a complaint alleging misrepresentation and fraud, is the question of law presented upon this appeal. The plaintiff moved at Special Term to strike out of the answer this separate defense as insufficient in law upon the face of the pleadings. The complaint sets out two causes of action, but we are concerned only with the first, which alleges a cause of action in fraud.

The facts, in so far as necessary to indicate the reasons for the decision herein, briefly are as follows: The plaintiff sold to. the defendant a shipment of canary seed for an…