Smith v. Todd

Defendants filed their petition and went into voluntary bankruptcy on October 1,’ 1925, and they obtained a final discharge' in March, 1926. Plaintiff, who held three notes made and subscribed by defendants, was not placed on the list of creditors in the schedules which accompanied defendants’ application to be discharged in bankruptcy, nor was he notified of such application.

He brought the present suit to recover the amount of his claim represented by the three notes, and the defense is that although his name was not listed on the schedules in bankruptcy and no notice was given' to him, his…