Johnson v. Joslyn

Citations

• 45 Wash. 310
• 88 P. 324
• 1907 Wash. LEXIS 463

Syllabus

<p>Appeal — Bond—Supersedeas. In an appeal from an order in supplemental proceedings entered after judgment appointing a receiver, a supersedeas bond given for the purpose of staying payments on the judgment by the receiver is sufficient when given in the amount fixed by the court, although less than the amount of the judgment, no appeal having been taken therefrom.</p> <p>Bankruptcy — Discharge—False Pretenses. A debt is not shown to have been incurred in obtaining property by false pretenses, from which there can be no discharge under the national bankruptcy act, where it appears that originally the debtor .gave his note, which was taken on his personal credit, for the purpose of financing a contract which -proved unprofitable, and the fraudulent practices complained of did not come up until seventy days later when the debtor gave an. order as security for the original loan.</p> <p>Same — Plea in Bar. A bankrupt who has been discharged can plead the discharge in defense of a claim that a debt was incurred in obtaining property by false pretenses, where the debt was a provable debt, and the same issue was raised by the creditor on proving the debt in the bankruptcy court in order to defeat the discharge, and the discharge was granted notwithstanding the claim of fraud.</p>