Hobbs v. Franklin Jewelry Co.

HUTCHESON, Circuit Judge.

Brought by the bankrupt to enjoin the enforcement of a State Court judgment in trover obtained after his discharge in bankruptcy, the claim of the suit was that the liability fell with the discharge and the judgment was unenforceable.

The defenses were: (1) that the case of conversion made out in the State Court was not a mere negligent or technical one and therefore dischargeable under Davis v. ¿Etna Acceptance Company, 293 U.S. 328, 55 S.Ct. 151, 79 L.Ed. 393, but a malicious and wilful one and not dischargeable; and (2) that whether so or not the defense of…