Loganville Banking Co. v. Forrester

ON MOTION ROE REHEARING.

Wade, J.

It is insisted in the motion for a rehearing that the ruling made by this court, that the defense of usury is as fully available to the debtor’s trustee as to the debtor himself, is virtually in conflict with the rulings of the United States Supreme Court in Frank v. Vollkommer, 205 U. S. 521, 526 (27 Sup. Ct. 596, 51 L. ed. 911), and in Bardes v. Hawarden Bank, 178 U. S. 524 (20 Sup. Ct. 1000, 44 L. ed. 1175, 1181). The bankruptcy act itself originally provided, in section 23&, that “Suits by the trustee shall only be brought or prosecuted in the courts where…