Noval Cantrell and Nevada Cantrell v. Marn

In this jury-waived court-tried action on a promissory note, judgment was entered in favor of plaintiffs-respondents Noval Cantrell and Nevada Centrell against Marn Cafourek, defendant-appellant, the plaintiffs-respondents having dismissed as to defendant Nedra Cafourek prior to trial. Judgment was in the principal sum of $21,476.51, plus interest and attorney fees against the defendant-appellant Marn Cafourek, who now appeals. The pleaded affirmative defense on which appellant relied was that the debt evidenced by the note in suit had been listed properly in schedules filed with his voluntary petition in bankruptcy during January 1968, and his subsequent discharge in bankruptcy relieved appellant of further liability upon the note. The respondents asserted in the trial court that appellant's debt evidenced by the note was not dischargeable in bankruptcy because it was within the second of the three exceptions in Section 17 of the Bankruptcy Act, as amended, 11 U.S.C.A. § 35(a)(2):