This section is from the book "The Law Of Contracts", by William Herbert Page. Also available from Amazon: Commercial Contracts: A Practical Guide to Deals, Contracts, Agreements and Promises.
1 Hapgood v. Blood, 11 ftray (Mass.) 400; Hun v. Cary. 82 N. Y, 65; 37 Am. Rep. 546.
An action in trover for the recovery of personalty is not barred by a discharge in bankruptcy though a money verdict may be taken and in the particular case, is taken.2 So a claim for double rent for withholding rented premises unlawfully from a landlord is not a debt ex contractu and is therefore not barred by a discharge in bankruptcy.3 So the statutory liability of a director of a corporation imposed for failure to file the report required by statute is in the nature of tort and is not discharged by bankruptcy.4 Rendition of judgment is necessary to liquidate a claim in tort so as to make it a provable debt. Even if a claim in tort has been the basis of a verdict, but judgment has not been rendered, it is not a provable debt.5 Further discussion of this topic is unnecessary, as it concerns the law of tort and not the law of contract.