Rietbrock v. Studds

Gehl, ].

Defendant contends that the note and agreement, construed as one instrument, are void as an agreement to circumvent the bankruptcy laws. His attack is directed against the provision of paragraph 6, that defendant will not in the event of bankruptcy proceedings list the note as a dischargeable debt. He urges that it is illegal because its performance is forbidden by statute or is made a crime; specifically, that its performance is forbidden by sec. 152, 18 U. S. Code (1946 ed.), Supp. IV, which provides:

“Whoever knowingly and fraudulently makes a false oath or account in or in relation…