Aiken v. Bank of Georgia

The contention of the bank *205in this case is that it had a legal right to set off the notes of Aiken against the deposit made after his adjudication as a bankrupt. The discharge operated against the notes and the judgment obtained thereon, all of which were listed in a bankruptcy proceeding. The -bank argues that it was merely enforcing its judgment against the bankrupt by applying the amount of his subsequent deposit in satisfaction thereof and since no stay had been obtained against it in any court, it had a right to proceed in this manner. This argument assumes, of course, that the bankrupt…