National Finance Company of Provo v. Daley

McDonough, justice.

National Finance Company of Provo sued in this action on a prior judgment it had taken against the defendants in January, 1959, on a promissory note. In answer to plaintiff’s complaint, defendants each pleaded discharge in bankruptcy in which the judgment had been regularly scheduled and proved. Plaintiff replied that in obtaining the loan for which the note was executed the defendants had committed fraud, and that the debt was thus not dischargeable in bankruptcy. It is admitted that no issue of fraud was raised, nor was any mention made of it in the case resulting in the…