First National Bank of Abbeville v. Leblanc

MILLER, Judge.

We remanded this case for additional evidence. 217 So.2d 724. Plaintiff bank seeks judgment as holder of a promissory note made by defendant. Plaintiff appealed the trial court decision that the debt was discharged in bankruptcy proceedings.

Under the provisions of Section 17 of the Bankruptcy Act (11 U.S.C.A. § 35), a discharge does not release the bankrupt’s liabilities for obtaining money or property by false pretenses or false representations. After discharge, in order to recover, it is incumbent on plaintiff to show (1) that defendant made false representations; (2) with…