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.
A discharge in bankruptcy merely gives to the debtor an affirmative defense which he may waive, or of which he may avail himself at his election. The bankrupt himself may, of course, use his discharge as a defense.1 Those claiming under him by succession, such as his widow,2 may set up such defense. Other persons can not compel the bankrupt to plead the discharge if he does not wish to, and can not plead it to protect their own interests.3 A garnishee can not take advantage of the fact that the debtor in the original action has been discharged in bankruptcy, if such debtor does not take advantage of such discharge.4 The discharge of a mortgagor does not release a grantee from such mortgagor who has assumed and agreed to pay the mortgage debt.5 v. Anderson, 265 111. 285, L. R. A. 1015F, 668, 106 N. E. 782.
12 Horner v. Hamner, 249 Fed. 134, L. R. A. 1918E, 465.
13 Dycus v. Brown, 135 Ky. 140, 28 L. R. A. (N.S.) 190, 121 S. W. 1010.
14 Hefner v. Hefner, 26 S. D. 74, 127 N. W. 634.
15 Hefner v. Hefner, 26 S. D. 74, 127 N. W. 634.
1 See Sec. 3156.
2 Upshur v. Briscoe, 138 U. S. 365, 34 L. ed. 931.
3 Bush v. Stanley, 122 111. 406, 13 N. E. 249; George Bohon Co. v. Moren, 151 Ky. 811, 152 S. W. 944; Alabama Great Southern Railway Co. v. Craw- ley, 118 Miss. 272, 79 So. 94; Marx v. Hart, 166 Mo. 503, 89 Am. St. Rep. 715, 66 S. W. 260.
4 Discharge of debtor does not affect liability of garnishee. Marx v.