Bevis v. Gay

The decided weight of the authority is to the effect that, after a bankrupt has made out a prima facie defense to a suit based upon an obligation existing at the time of filling out the petition in bankruptcy by the introduction in evidence of the order of discharge in bankruptcy which is presumed to cover all his debts, the burden is then, not upon the defendant, but is cast upon the plaintiff of showing that such discharge is not operative as to his claim. Smith v. Hill, 232 Mass. 188, 122 N. E. 310, 2 A. L. R. 1667, and note, page 1672. This being the rule, the defendant’s special plea 1…