Goyer Co. v. Jones
Mississippi Supreme Court
From the circuit court of, second district, Bolivar county. Hon. Frank E. Larkin, Judge. The Goyer Company, appellant, was plaintiff in the court below; Jones, appellee, was defendant there. The opinion of the court states the facts. The only question presented for the consideration of the court is whether under the bankruptcy act of 1898, the sureties on an appeal bond are relieved from further liability by the discharge in bankruptcy of the principal.
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From the circuit court of, second district, Bolivar county. Hon. Frank E. Larkin, Judge. The Goyer Company, appellant, was plaintiff in the court below; Jones, appellee, was defendant there. The opinion of the court states the facts. The only question presented for the consideration of the court is whether under the bankruptcy act of 1898, the sureties on an appeal bond are relieved from further liability by the discharge in bankruptcy of the principal. This question does not seem to have been passed upon by any court since the adoption of the bankruptcy act of 1898, and we are forced to look…
1Opinion of the CourtTerral, J.
The Goyer Company, in a j us tice of the peace court, sued M. B. Jones upon an account rendered for |159.23, and had judgment. Said M. B. Jones appealed this cause to the circuit court, and gave an appeal bond, with R. A. Jones as surety, conditioned ‘ ‘ to pay such judgment as said circuit court may render against said M. B. Jones.” More than four months after the execution of said appeal bond, an involuntary petition of bankruptcy was filed against said M. B. Jones, upon which he was adjudicated a *256bankrupt and received his discharge. Afterwards, when said cause came on to be tried in the…
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