Duncan v. Southern Savings Bank

Duncan, the plaintiff in error, failed to pay a sum of money borrowed from Southern Savings Bank, the defendant in error, and filed a petition for extension in the Federal court for the northern district of Georgia as provided in § 74 of the bankruptcy act, 11 U. S. C. A. § 202. Southern Savings Bank refused to agree to the extension, but Duncan secured a judgment of extension against Southern Savings Bank which forced it to abide by the extension. The extension order granted by the referee in bank*229ruptcy contained this clause: “If the debtor fails to live up to the schedules as herein…