Melville Fuller

“ Debts of the bankrupt may be proved and allowed against his estate which are (1) a fixed liability, as evidenced by a judgment or an instrument in writing, absolutely owing at the time of the filing of the petition against him, whether then payable or not . ”

“ This was an action brought in 1899 to recover damages claimed to have been sustained in consequence of specified false and fraudulent representations made by the firm of which the defendant was survivor, by reason whereof plaintiffs alleged they were deceived into selling goods to defendant's firm, which they otherwise would not have done. ”

“ This writ of error was then prosecuted, and plaintiffs' counsel contends that their debts were not provable debts, and therefore not discharged, and that Crawford v. Burke might well be modified in view of certain suggestions deemed to be novel.
Sections 17 and 63a of the bankruptcy act of 1898 read as follows:
'Sec. 17. A discharge in bankruptcy shall release a bankrupt from all of his provable debts, except such as . . . ”