Trenton Trust Co. v. Carlisle Tire Corporation

On October 26th, 1922, this action was begun by process of attachment upon the property of the defendant. It secured a dissolution of the attachment by furnishing a bond in the statutory form. Within four months after the attachment a bankruptcy petition was filed against the defendant and it was thereafter adjudged a bankrupt. The plaintiff filed no claim against the bankrupt estate, but after the discharge it proceeded with this action, seeking a special judgment to enable it to proceed against the surety upon the bond. By the provisions of § 67f of the Bankruptcy Act it is provided: “All…