Linzer v. Weitzen
New York Court of Appeals
I. Plaintiff failed to prove a cause of action. A letter written by defendant to plaintiff’s husband after adjudication of defendant in bankruptcy and before his discharge, contained the following sentence: still hope for such improvement as to enable me to pay up to the last cent whatever its coming to yon and Lottie.” There was no promise by defendant in this sentence to pay to the plaintiff at any time*the amount of his indebtedness.
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I. Plaintiff failed to prove a cause of action. A letter written by defendant to plaintiff’s husband after adjudication of defendant in bankruptcy and before his discharge, contained the following sentence: still hope for such improvement as to enable me to pay up to the last cent whatever its coming to yon and Lottie.” There was no promise by defendant in this sentence to pay to the plaintiff at any time*the amount of his indebtedness. Defendant merely expressed a hope that his financial condition would so improve as to enable him to pay up. (Personal Property Law, § 31; Lawrence et al. v.…
1Opinion of the CourtLewis, J.
The. plaintiff’s action is upon three promissory notes made by the defendant, all of which were dated on or prior to May 20, 1932. The defendant was adjudicated a bankrupt on February 1, 1933, and was discharged in bankruptcy on May 29, 1935. In his schedule of liabilities filed in the bankruptcy proceeding the defendant listed a debt due the plaintiff of $7,100 which had as its basis the three promissory notes here in suit. On November 4,1933 — after the defendant’s adjudication in bankruptcy but before his discharge — he wrote the plaintiff’s husband a letter containing a statement which…
2Cases cited7 opinions
- Zavelo v. ReevesSupreme Court of the United States · 1913
- Everett v. JudsonSupreme Court of the United States · 1913
- Allen & Co. v. FergusonSupreme Court of the United States · 1874
- Meyer v. PriceNew York Court of Appeals · 1929
- Lawrence v. . HarringtonNew York Court of Appeals · 1890
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3Cited by3 opinions
- Lawrence v. WischnowskyAppellate Court of Illinois · 1951
- Shapiro v. LubaschNew York Supreme Court · 1945
- Ray Bills Finance Corp. v. MeadNew York Supreme Court · 1969