Delta County Bank v. McGranahan

Citations

• 37 Wash. 307
• 79 P. 796
• 1905 Wash. LEXIS 726

Syllabus

<p>Duress — Bills and Notes — Husband and Wife — Note of Wife to Avoid Criminal Prosecution of Husband. Duress is a valid defense to a promissory note which was made by a married woman in payment of her husband’s debts to avoid a threatened criminal prosecution against her husband.</p> <p>Bankruptcy- — Judgments—Discharge—Debts Not Scheduled— Actual Notice of Creditor. A discharge in bankruptcy is a good defense to an action upon promissory notes, although the notes were not scheduled in the list of obligations, where the creditor had actual notice of the- proceedings in time to have presented its claim, and failed to do so.</p> <p>Same — Collateral Attack — Money Misappropriated. The order of discharge in bankruptcy is conclusive on collateral attack as to all provable debts not specially excepted, including notes given for money misappropriated while acting in a fiduciary capacity.</p>