Brown, Randall & Co. v. Broach

Citations

• 52 Miss. 536

Syllabus

<p>1. BANKRUPTCY: Discharge from fraudulent debts.</p> <p>To prevent a debt from being discharged in bankruptcy on account of fraud of bankrupt in creating it, the debt must be tainted with fraud in its inception. If the contract was fair and honest when made, although the debtor may subsequently be guilty of fraudulent conduct in respect to it, yet such conduct does not destroy the benefit of the discharge.</p> <p>2. Partnership: Dissolution thereof . Note by one of old firm.</p> <p>After the dissolution of a partnership none of its members have power to issue notes in the firm name, so as to bind the firm, without their consent. Such paper only binds the members who sign the partnership name.</p> <p>3. Discharge in Bankruptcy : Pleading thereof.</p> <p>It is’bad pleading to aver in the declarations.the grounds relied on to avoid a discharge in bankruptcy. Such matter should be set up in the replication to the plea of discharge.</p>