Armour Fertilizer Works v. Peninger

DREW, Judge.

The lower court has stated the issues and facts of this case correctly in a written opinion, which is as follows:

“Plaintiff filed this suit on October 2, 1930, to recover ,$904.54, with interest and attorney’s fees, for balance alleged to be due on a bill of fertilizer consigned to defendant February 28th previous.

“Defendant was adjudicated a bankrupt on October 6th, following the filing of this suit, whereupon no further proceedings were had, and in due course the adjudicatee was granted a discharge.

“Anticipating that defendant would take bankruptcy, plaintiff set up in petition…