Gordon v. Davis

Harrington, J.,

delivering the opinion of the Court:

The plaintiff is entitled to judgment on his affidavit of demand. The record shows that this suit was brought in 1934 but the defendant’s affidavit merely states that he was adjudicated a bankrupt on January 9, 1931, and surrendered all of his property; and it does not appear from it that he was ever discharged in that proceeding. It, therefore, does not state a defense to the plaintiff’s action.

With certain exceptions, that need not be considered by us, Section 17 of the Federal Bankruptcy Act of 1898, provides: “A discharge in bankruptcy…