Williams v. United States Fidelity & Guaranty Co.
Supreme Court of the United States
ERROR TO THE COURT OF APPEALS OF THE STATE OF GEORGIA. The facts, which involve the construction of the Bankruptcy Act and effect of a discharge in bankruptcy, are stated in the opinion.
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ERROR TO THE COURT OF APPEALS OF THE STATE OF GEORGIA. The facts, which involve the construction of the Bankruptcy Act and effect of a discharge in bankruptcy, are stated in the opinion. A discharge in bankruptcy shall release a bankrupt from all his provable debts, and the “provable debt” from which the bankrupt is released means an obligation susceptible of being presented in such form as to come within some one or.more of the classes of debts designated in § 63-cj. 1 Remington on Bankruptcy, § 628. The question whether or not a debt is provable turns upon its status at the time of the…
1Opinion of the CourtJustice McReynolds
This cause presents the following question: Does a discharge in bankruptcy acquit an express obligation of the principal to indemnify his surety against loss by reason of their joint bond conditioned to secure his faithful performance of a building contract broken prior to the bankruptcy when the surety paid the consequent damage thereafter?
R. P. Williams and J. B. Carr, as partners, entered into a contract with certain school trustees — April, 1900, — to construct a building in Florida, and, with defendant in error company as slirety, gave a bond guaranteeing its faithful performance.…
2Cases cited11 opinions
- Wetmore v. MarkoeSupreme Court of the United States · 1904
- In Re ChapmanSupreme Court of the United States · 1897
- Lau Ow Bew v. United StatesSupreme Court of the United States · 1892
- Crawford v. BurkeSupreme Court of the United States · 1904
- Zavelo v. ReevesSupreme Court of the United States · 1913
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3Cited by370 opinions
- Local Loan Co. v. HuntSupreme Court of the United States · 1934
- Perez. v. CampbellSupreme Court of the United States · 1971
- Louisville Joint Stock Land Bank v. RadfordSupreme Court of the United States · 1935
- Kokoszka v. BelfordSupreme Court of the United States · 1974
- Bosiger v. US Airways, Inc.Court of Appeals for the Fourth Circuit · 2007
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