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· 1/15/1850

Rice v. Maxwell

Citations

  • 21 Miss. 289

Syllabus

<p>A note given by an applicant for a discharge in bankruptcy from his- debts under the act of Congress, to a creditor resisting his discharge on the ground of a fraudulent concealment of his assets, the note being executed on condition that the creditor would withdraw his opposition, is void, though executed after the bankrupt’s discharge; the consideration being illegal, and the transaction in fraud of the policy of the act of Congress.</p> <p>The debts of a discharged bankrupt are annihilated by the decree in bankruptcy ; a subsequent promise, therefore, by the bankrupt, to pay a debt from which he has been thus discharged, though in writing, is void for want of consideration.</p>

Judges: Smith

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