Legal Opinion
Hartsfield Co. v. Newlin
Court of Appeals of Georgia
Decided September 20, 1934No. 23447PublishedCited by 9 opinions
1Opinion of the CourtJenkins, P. J.
A stay of a suit against a bankrupt will be ordered where the suit is founded upon a claim from which a discharge would be a release. Bankruptcy Act, § 11. “A discharge in bankruptcy shall release a bankrupt from all of his provable debts, except [among other debts specified] such as were created by his fraud.” Bankruptcy Act, § 17. “Where a contract is induced by the actual, moral fraud of one of the parties, his liability for property obtained under the contract may be enforced according to the terms of the contract, or the defrauded party may waive the contract and sue in tort for the…
2Cases cited9 opinions
- Tindle v. BirkettSupreme Court of the United States · 1907
- Ford v. Blackshear Manufacturing Co.Supreme Court of Georgia · 1913
- Friend v. TalcottSupreme Court of the United States · 1931
- Sanger Bros. v. BarrettCourt of Appeals of Texas · 1920
- Speir v. WestmorelandCourt of Appeals of Georgia · 1929
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Woodhull Corp. v. Saibaba Corp.Court of Appeals of Georgia · 1998
- Hines v. Good Housekeeping ShopCourt of Appeals of Georgia · 1982
- Indemnity Insurance Co. of North America v. CovingtonNew York Supreme Court · 1939
- Allen v. Hartsfield Co.Court of Appeals of Georgia · 1936
- Johnson v. BoltonCourt of Appeals of Georgia · 1936
4 more not listed; retrieve them via the Exa API.