Brown Shoe Co. v. Schaefer

FOSTER, Justice.

The question here is the application of that feature of section 1005, Title 7, Code of- 1940, which provides that, “Personal property in the custody of a trustee in bankruptcy, exempt to the bankrupt, cannot be garnished.”

In this case appellant sued Scharff on a claim of damages for obtaining the purchase by him from plaintiff of specific items of personal property by making false representations of his solvency. Such a claim is not released by a discharge in bankruptcy. Bankr.Act, § 17, 11 U.S.C.A. § 35; 6 Amer.Jur. 812, section 504.

Before that suit was filed, Scharff filed a…