Walton v. Wilkins

HORNBECK, PJ.

The error claimed by Walton is based upon the following propositions:

1. Notice of the bankruptcy proceedings to The Ideal Laboratories Company will support a discharge of the debt evidenced by the trade acceptance held by The Davenport Morris Plan Bank and will, therefore, bar the claim of the solvent partner who was also liable on such debt.

2. That the defendant in error, Wilkins, had a provable debt or claim which he could have set up in the bankruptcy proceedings, such provable debt arising from the claim of The Davenport Morris Plan Bank,

The theory of Wilkins, defendant in…