Bank of Elberton v. Vickery
Court of Appeals of Georgia
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
- Moore v. TrounstineSupreme Court of Georgia · 1906
- Shumate v. WilliamsSupreme Court of Georgia · 1866
- Dicks v. AndrewsSupreme Court of Georgia · 1909
3Cited by3 opinions
- Cameron v. Meador-Pasley Co.Court of Appeals of Georgia · 1929
- Oglesby v. Trust Co.Court of Appeals of Georgia · 1933
- Westall v. . JacksonSupreme Court of North Carolina · 1940