Legal Opinion

Kaplan v. International Shoe Co.

Court of Appeals of Georgia

Decided November 13, 1937No. 26305, 26306Published

1Opinion of the CourtStephens, P. J.

“A promise by a debtor to pay a previously existing debt to his creditor, made after the former’s adjudication as a bankrupt but before his discharge, would not be impaired by the subsequently acquired discharge.” Moore v. Trounstine, 126 Ga. 116 (54 S. E. 810). Where, after a stay of proceedings on the ground that the defendant ha'd been adjudicated a bankrupt, the defendant consented to the rendition of a judgment against him in consideration of the dismissal by the plaintiff of objections, pending in the bankruptcy court; to the defendant’s discharge in bankruptcy, the defendant’s consent…

2Cases cited3 opinions

  1. Anderson v. ClarkSupreme Court of Georgia · 1883
  2. Moore v. TrounstineSupreme Court of Georgia · 1906
  3. Kilburn v. Mechanics Loan & Savings Co.Supreme Court of Georgia · 1932

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