Legal Opinion
Huff v. Porter
Court of Appeals of Georgia
Decided December 2, 1953No. 34857PublishedCited by 2 opinions
1Opinion of the CourtSutton, C. J.
“A prima facie defense to a suit against a bankrupt on a debt existing at the time of filing the petition in bankruptcy is made out by the introduction in evidence of the order of discharge in bankruptcy, the burden being then cast upon the plaintiff to show that because of the nature of the claim, failure to give notice, or other statutory reason, the debt sued upon was by law excepted from the operation of the discharge. Kreitlein v. Ferger, 238 U. S. 21 (1) (35 S. Ct. 685, 59 L. ed. 1184, 1186).” Bell v. Georgia Chemical Works, 33 Ga. App. 286 (125 S. E. 871); Coppedge v. Aycock Mortgage &…
2Cases cited14 opinions
- Davis v. Aetna Acceptance Co.Supreme Court of the United States · 1934
- Tinker v. ColwellSupreme Court of the United States · 1904
- McIntyre v. KavanaughSupreme Court of the United States · 1916
- Kreitlein v. FergerSupreme Court of the United States · 1915
- Covington v. RosenbuschSupreme Court of Georgia · 1918
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3Cited by2 opinions
- Kalvar Corp. v. BurrowMissouri Court of Appeals · 1973
- Loudermilk v. Associates Discount Corp.Court of Appeals of Georgia · 1963