51 Ga. App. 248 | Ga. Ct. App. | 1935
1. “A prima facie defense to a suit against a bankrupt on a debt existing a.t the time of filing the petition in bankruptcy is made out by the introduction in evidence of the order of discharge in bankruptcy, the burden being then cast upon the plaintiff to show that because of the nature of the claim, failure to give notice, or other statutory reason, the debt sued upon was by law excepted from the operation
2. The instant defendant having filed a plea of discharge in bankruptcy, and offered in evidence a certificate of his discharge, dated January 30, 1933, discharging him from all provable debts existing at the time of his adjudication as a bankrupt on November 4, 1932, and the plaintiff’s claim being based upon promissory notes dated December 20, 1929, a presumption arose upon the introduction of the certificate of discharge that the plaintiff’s debt was duly scheduled and was discharged, in the absence of any proof to the contrary. It was therefore error for the trial judge, sitting without a jury, to render judgment in favor of the plaintiff upon the ground that there was no evidence that the debt was scheduled in the bankruptcy proceedings.
Judgment reversed.