Flournoy v. Newton
Supreme Court of Georgia
Assumpsit, &c. in Clarke Superior Court. Tried before Judge James Jackson, February Term, 1850. This was an action by John H. Newton, against Howell C. Flournoy, as indorser on a promissory note made by Charles G. McKinley, dated Jan. 30,1840. To this, the defendant pleaded a discharge in bankruptcy, dated Dec. 1st, 1843. On the trial, the plaintiff proposed to read to the Jury three several notices to defendant, of his intention to impeach the discharge — one dated 29th…
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Assumpsit, &c. in Clarke Superior Court. Tried before Judge James Jackson, February Term, 1850. This was an action by John H. Newton, against Howell C. Flournoy, as indorser on a promissory note made by Charles G. McKinley, dated Jan. 30,1840. To this, the defendant pleaded a discharge in bankruptcy, dated Dec. 1st, 1843. On the trial, the plaintiff proposed to read to the Jury three several notices to defendant, of his intention to impeach the discharge — one dated 29th July, 1845 — one dated Jan. 7th, 1847 — and the last dated Jan. 27th, 1848. Defendant’s counsel objected to the two last…
1Opinion of the Court
*309 By the Court.
Lumpkin, J.
delivering the opinion.
John H. Newton sued Howell C. Flournoy, as the indorser of a promissory note, made by Charles G-. McKinley. The defendant pleaded a discharge in bankruptcy. The plaintiff impeached the discharge for fraud. The Bankrupt Act of 1841, requires the creditor to give reasonable notice, specifying the grounds of fraud. In this case, three notices were filed — the two last of which were objected to, for the reason that no leave of the Court was previously obtained.
[1.] Was it necessary to get leave ? Counsel for the plaintiff in error insist, that the…
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