Alper v. Republic Inv. Co.

GRONER, Associate Justice.

In May, 1931, appellant made' and delivered to Benjamin L. Topper, as payee, his negotiable promissory note for $1,500. The note was payable in monthly installments of $40. After payment of approximately 35 per cent, of the debt, appellant filed his voluntary petition in bankruptcy, and thereafter was duly discharged. In his schedule of liabilities he listed the note in the name of Plarry Himmelfarb, an officer and director of appellee, the then holder of the note. Appellee, however, had actual knowledge of the proceedings in bankruptcy and after the filing of the…