Gerald v. M. C. Kiser Co.

On a former appeal (M. C. Kiser Co. v. Gerald, 17 Ala. App. 648, 88 South. 49), it was held that plaintiff’s replication, showing that defendant company, by fraudulent represéntations, obtained credit for the goods for which plaintiff herein seeks to recover the purchase price, was good answer to defendant’s plea of a discharge in bankruptcy, and was not a departure from the complaint, setting up a new cause of action. The correctness of that ruling was affirmed by this court by denying defendant’s petition for review by the writ of certiorari. Ex parte Gerald, 205 Ala. 697, 88 South. 921.

The…