Lipschutz Bros. v. Kostoff

Opinion by

Linn, J.,

Defendant appeals from judgment against him in a suit on a promissory note. The only defense was that after incurring the obligation, he had been discharged in bankruptcy. Jury trial was waived. Inspection of the bankruptcy schedules in the record in the light of the other evidence, shows that the debt in suit was not scheduled; while among “creditors holding securities” a firm name the same as plaintiffs,’ was scheduled as a creditor,— (1) the creditors’ address was not that of plaintiffs, (2) the amount of the scheduled note was not the amount of the note in suit, and (3)…