Henly v. . Lanier
Supreme Court of North Carolina
Civil Action, upon a promissory note, tried before Cloud, J., at Spring Term, 1876, of Davie Superior Court. All the facts necessary to an understanding of the case, as decided in this Court, are stated in the opinion delivered by Justice Bynum. There was a verdict for the plaintiff, and the defendant appealed.
1Opinion of the CourtBynum, J.
After the defendant executed his promissory note to the plaintiff, he was adjudicated a bankrupt; and after the plaintiff had begun his action thereon, he also was adjudicated a bankrupt, and the note sued on was assigned to him, the plaintiff, as a part of his personal property exemption, pursuant to the fourteenth section of the Act.
The defendant pleaded his certificate of discharge in bar of the action; the plantiff replied a new promise made since the discharge.
Two questions are raised : First, Can the plaintiff maintain the action in his own name? Second, Must the new promise be in…
2Cases cited2 opinions
- Fraley v. . KellySupreme Court of North Carolina · 1872
- Airs v. . BillopsSupreme Court of North Carolina · 1858
3Cited by6 opinions
- Riggs v. . RobertsSupreme Court of North Carolina · 1881
- Craig v. SeitzMichigan Supreme Court · 1886
- Fraley v. . KellySupreme Court of North Carolina · 1883
- Fraley v. . KellySupreme Court of North Carolina · 1878
- Wells v. HillSupreme Court of North Carolina · 1896
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