Daffron v. Smock

OPINION op the Court by

Stanley, Commissioner

Affirming in part and Reversing in part.

The appellee, Dr. S. J. Smock, sued the appellant, W. F. Daffron, and his wife, in equity on a note for $1,000, and liad an attachment levied on their' property. Judgment against the wife went by default. The defense to the suit made by Daffron was- that he had been adjudicated and discharged as a bankrupt, and, while he had not listed this liability in his schedule, that the plaintiff had notice and actual knowledge of the bankruptcy proceedings, and was therefore barred from a recovery. Section 17 of the…