Hargadine-McKittrick Dry Goods Co. v. Hudson

Citations

• 111 F. 361
• 1901 U.S. App. LEXIS 4968

Syllabus

<p>1. Bankruptcy—Debts Released by Discharge—Judgments.</p> <p>A judgment rendered on promissory notes cannot be brought within Bankr. Act 1898, § 17a, cl. 2, excepting from the provable debts released by a discharge debts which “are judgments in actions for frauds,” by evidence that the debt was fraudulent in its inception; the creditor being conclusively bound by his election to waive the fraud and sue on the contract.</p> <p>2. Res Judicata—Decision of Bankruptcy Court Disallowing Claim.</p> <p>The decision of a court of bankruptcy that a claim presented for allowance against the estate of a bankrupt was barred by limitation renders such question res judicata between the parties, and it cannot be again litigated in a subsequent action brought on tho claim against the bankrupt.</p>