Hulsey v. M. C. Kiser Co.

This action was on the common counts for goods, wares, and merchandise sold and delivered. Defendant interposed a plea confessing the debt, but setting up a discharge in bankruptcy. To this plea is interposed a replication admitting defendant’s discharge from all of his provable debts, but alleging that as to this- debt, the foundation of this suit, the goods were obtained by fraud and misrepresentation as to defendant’s financial condition, and under such circumstances as that the debt here sued on is not affected: by defendant’s discharge in bankruptcy.

This court has already held that…