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Smith v. Langmaack

2 Citing cases

  1. Sigmon Furniture Mfg. Co. v. Massey

    137 P.2d 793 (Okla. 1943)   Cited 7 times

    "At the time of defendant's bankruptcy proceedings, the bankruptcy law provided that: 'A person shall be punished by imprisonment for a period of not to exceed five years upon conviction of the offense of having knowingly and fraudulently . . . received or attempted to obtain any money or property, remuneration, compensation, reward, advantage, or promise thereof from any person, for acting or forbearing to act in bankruptcy proceedings . . . 44 St. at L. p. 665, sec. 29, sub. b (5), 11 U.S.C.A. sec. 52; 9 Remington on Bankruptcy p. 917. Plaintiff's pleaded agreement to forbear opposing defendant's discharge in bankruptcy was contrary to the declared public policy, a fraud upon the act and unenforceable. Consult, among others, Smith v. Langmaack, 60 N.D. 66, 232 N.W. 600; Meyer v. Price, 250 N.Y. 370, 165 N.E. 814, 817 et seq."

  2. Crandall v. Durham

    152 S.W.2d 1044 (Mo. 1941)   Cited 5 times
    In Crandall v. Dunham, 348 Mo. 240, 152 S.W.2d 1044 (1941), the plaintiff, a pre-petition creditor, instituted an action against the debtor, stating that before discharge, the debtor agreed, in consideration for the plaintiff not to appear at the first meeting of creditors or object to the discharge, to pay the plaintiff's note.

    At the time of defendant's bankruptcy proceedings, the bankruptcy law provided that: "A person shall be punished by imprisonment for a period of not to exceed five years upon conviction of the offense of having knowingly and fraudulently . . . received or attempted to obtain any money or property, remuneration, compensation, reward, advantage, or promise thereof from any person, for acting or forbearing to act in bankruptcy proceedings. . . ." [44 Stat. at L., p. 665, sec. 29(b) (5), 11 U.S.C.A., p. 474, sec. 52; 9 Remington on Bankruptcy, p. 917.] Plaintiff's pleaded agreement to forbear opposing defendant's discharge in bankruptcy was contrary to the declared public policy, a fraud upon the act and unenforceable. [Consult, among others, Smith v. Langmaack, 60 N.D. 66, 232 N.W. 600; Meyer v. Price, 250 N.Y. 370, 165 N.E. 814, 817 et seq.] Defendant's discharge in bankruptcy released him from the obligation of plaintiff's debt, not in the sense that the debt was paid or extinguished but in that it afforded him a complete legal defense to plaintiff's action if he availed himself of it, unless he thereafter waived said release by, for instance, promising to pay the debt, the debt, not being extinguished or cancelled, having sufficient life to furnish the consideration for the new promise.