Goodman v. Herman
Supreme Court of Missouri
Appeal from Greene Circuit Court. — No». Jas. T. Neville, Judge. (1) Plaintiffs’ debt against defendant, being created by fraud, as such was exempt from operation of the bankrupt law. 1 Story, Eq. Jur., sec. 187; Howland v. Carson, 28 Ohio St. 628; Johnson v. Warden, 4 Vt. 457; Coddington v. Bay, 20 Johns. 637; Matteson v. Kellogg, 15 111. 547. (2) The fraud mentioned in the bankrupt act involves, it is true, moral turpitude, but it need not amount to a crime.
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Appeal from Greene Circuit Court. — No». Jas. T. Neville, Judge. (1) Plaintiffs’ debt against defendant, being created by fraud, as such was exempt from operation of the bankrupt law. 1 Story, Eq. Jur., sec. 187; Howland v. Carson, 28 Ohio St. 628; Johnson v. Warden, 4 Vt. 457; Coddington v. Bay, 20 Johns. 637; Matteson v. Kellogg, 15 111. 547. (2) The fraud mentioned in the bankrupt act involves, it is true, moral turpitude, but it need not amount to a crime. It is a fraud of the same character as would entitle the party defrauded to rescind a contract on account. Stewart v. Emerson, 52 N.…
1Opinion of the CourtFox, J.
This cause was tried by the circuit court of Greene, county, Missouri, the result of which was a judgment for defendant; from which judgment plaintiffs in due time and form have prosecuted their appeal.
Statement.
This is an ordinary proceeding to revive a judgment heretofore rendered in favor of the' plaintiff and against the defendant. The respondent as a defense thereto pleads a discharge in bankruptcy. The appellants by way of replication plead that defendant’s discharge in bankruptcy is no bar to the revival of their judgment against the defendant; alleging that the judgment was for goods…
2Cases cited11 opinions
- Neal v. ClarkSupreme Court of the United States · 1878
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- Argall v. . JacobsNew York Court of Appeals · 1881
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