Giffen

This action was begun by plaintiff, a Texas corporation, against Giffen-Troutt Company, a copartnership comprised of L. F. Giffen and W. L. Troutt, and L. F. Giffen and W. L. Troutt, individually. Service was had on the copartnership and L. F. Giffen, but W. L. Troutt was not served. Judgment was rendered against the copartnership and defendant, L. F. Giffen. From this judgment Giffen has appealed. The action is upon a promissory note which was executed by the defendants in favor of plaintiff for the sum of $12,500. Appellant pleaded his discharge in bankruptcy, but respondent claims the money was obtained by the defendant copartnership, by means of misrepresentation and fraud of appellant’s partner and that such misrepresentation and fraud prevented his discharge in bankruptcy on this debt.

The points urged by appellant are: (1) that respondent was a foreign corporation doing business within this state without having complied with the statute relative to foreign corporations; (2) that appellant was discharged in bankruptcy from this debt; and (3) that the alleged misrepresentation and fraud are not within the exception of discharges of debtors in bankruptcy.

The facts may be…