Legal Opinion

Bank of Elberton v. Vickery

Court of Appeals of Georgia

Decided May 11, 1917No. 8066PublishedCited by 3 opinions

Complaint; from Elbert superior court—Judge Worley. March 13, 1916.

1Opinion of the CourtJenkins, J.

1. “A promise by a debtor to pay a previously existing debt to his creditor, made after the former’s adjudication as a bankrupt but before his discharge, will not be impaired by the subsequently acquired disehai'ge,” as the discharge relates back to the adjudication in bankruptcy, and the effect of such a promise to pay a debt provable in bankruptcy is to renew the obligation. Moore v. Trounstine, 126 Ga. 116 (54 S. E. 810, 7 Ann. Cas. 971); Dicks v. Andrews, 132 Ga. 601 64 S. E. 788, 16 Ann. Cas. 1070); 7 Corpus Juris, 413.

2. The provisions of section 4384 of the Civil Code of 1910, that “no…

2Cases cited3 opinions

  1. Moore v. TrounstineSupreme Court of Georgia · 1906
  2. Shumate v. WilliamsSupreme Court of Georgia · 1866
  3. Dicks v. AndrewsSupreme Court of Georgia · 1909

3Cited by3 opinions

  1. Cameron v. Meador-Pasley Co.Court of Appeals of Georgia · 1929
  2. Oglesby v. Trust Co.Court of Appeals of Georgia · 1933
  3. Westall v. . JacksonSupreme Court of North Carolina · 1940

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