8 Ga. App. 299 | Ga. Ct. App. | 1910
The Atlanta Skirt Manufacturing Company sued Jacobs in a justice’s court on three promissory notes; and -by consent of all parties the cases were appealed to the superior court and consolidated. Jacobs’ defense to the notes was his discharge in bankruptcy. To avoid this discharge the plaintiff relied on section 17 of the bankruptcy law as amended in 1903, which provides' as follows: “A discharge in bankruptcy shall release a bankrupt from all of his provable debts, except such as . . 'are liabilities for obtaining property by false pretenses or false representations.” In support of this avoidance the plaintiff proved that for several years prior to the bankruptcy and prior to the giving of the notes, Jacobs had been running an account with it, and had from time to time given his notes for balances due. Some of the notes involved in this suit were given about thirty days before the failure, which was involuntary. It was estimated by the plaintiff and his witnesses that at that time the stock of goods in the defendant’s shop was only about one fifth as valuable as it was thirty days before, when some of the goods represented by the notes were purchased. The schedule in bankruptcy showed liabilities of $15,634.35, and assets aggregating approximately $13,000. It was admitted that the notes wore
Judgment reversed.