Dearing v. Moffitt
Supreme Court of Alabama
Error to the Circuit Court of Perry. . Assumpsit by the defendant against the plaintiff, on a promissory note. The defendant pleaded in bar of the action, that he had been decreed a bankrupt before the commencement of the suit.
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Error to the Circuit Court of Perry. . Assumpsit by the defendant against the plaintiff, on a promissory note. The defendant pleaded in bar of the action, that he had been decreed a bankrupt before the commencement of the suit. To this plea, the plaintiff demurred, and the court overruling the demurrer, the plaintiff replied to the plea, that after the decree in bankruptcy, and before the certificate in bankruptcy was granted, as also before the commencement of the suit, the defendant promised to pay the debt. Issue being joined thereon, the plaintiff proved that the defendant, when applied…
1Opinion of the CourtOrmond, J.
The view we take of this case, renders it unnecessary to consider any other question than the effect of the promise relied on as a waiver of the decree in bankruptcy.
It cannot be doubted that an express and unequivocal promise to pay a debt owing by a bankrupt, made after his discharge, will prevent him from relying on his certificate as a discharge, and the only question here is, whether the promise relied on in this case, is of that character.
The first member of the sentence is a declaration, that the debt was of such a character, that it ci’eated an honorary obligation for its payment;…
2Cited by8 opinions
- Holczstein v. Bessemer Trust & Savings BankSupreme Court of Alabama · 1931
- Rhodes v. SchofieldSupreme Court of Alabama · 1955
- Wolffe v. EberleinSupreme Court of Alabama · 1883
- Griel & Bro. v. SolomonSupreme Court of Alabama · 1886
- Herndon v. GivensSupreme Court of Alabama · 1849
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